A dictionary of canon law

A DICTIONARY OF
CANON LAW

BY THE

REV. P. TRUDEL, S.S.

"Let our strength be the law of justice." Wis. J, 11.

SECOND, REVISED EDITION

EX LIBRIS
ST. BASIL'S SCHDLASTICATE

1 ' 'p UirDT>T?P "Rf"\/i K lift
D. rlrLKJJr.K rJLJLJiv L>\J.

17 SOUTH BROADWAY, ST. Louis, Mo.

AND

68 GREAT RUSSELL ST., LONDON, W. C.

1920

OCT 1 0 1953

N1H1L OBSTAT
Sti. Ludovici, die 14. Oct. 1919

F. G. Holweck,

Censor Librorum

IMPRIMATUR
Sti. Ludovici, die 20. Oct. 1919

^Joannes J. Glennon,

Archiepiscopus

Sti. Ludovici

Copyright, 1919

by
Joseph Gummersbach

All Rights Reserved
Printed in U. S. A.

VAIL-BALLOD COMPANY
• INaHAMTON AND NSW YOUR

PREFACE

This Pocket Manual of Canon Law is a digest of the
entire Code. It contains all that the average priest
should know, more than our Sisterhoods need to know,
and much that will interest the laity on the laws of the
Church. On most subjects the points of the law are
scattered through the Code. By gathering these points
under their respective heads and arranging them in
alphabetical order, with reference to canon, paragraph,
and number in the Code, this manual aims to be a clear,
intelligent counsellor in the ordinary affairs of Catholic
life, and a ready index to the Code for questions that
require a knowledge of the niceties of ecclesiastical law.

A DICTIONARY OF CANON LAW

1. Abbot. Within three months after his election, an
Abbot must be blessed by his Bishop (625). He may
then pontificate in his own church, wear a pectoral
cross and a ring (325), but is not permitted the use
of the violet skull-cap (625). He may confer the
Tonsure and Minor Orders on his subjects (964, 1).
For Major Orders, to be received from their Bishop,
however, he must grant them dimissorial letters (964,
2). He has the right to attend and to vote at a Gen
eral Council (223, 1, 4), and must attend Diocesan
Synods (358, 1, 8).

2. Abbot Nullius. An Abbot Nullius has jurisdiction
over a certain territory and is independent of neigh
boring Bishops (319, 1). To hold this title he must
have at least three parishes under his jurisdiction (319,
2). He is nominated and appointed by the Pope
(320, 1), should have the qualifications of a Bishop
(320, 2), and cannot renounce his title (991, 3). He
must be blessed within three months after his appoint
ment, but may choose any Bishop to perform the cere
mony (322, 2). He is the Ordinary of his territory
(198, 1; 215, 2), but cannot exercise jurisdiction be-

l

2 A DICTIONABY OF CANON LAW

fore he has taken possession (322, 1). He has epis
copal authority and obligations (323, 1), may admin
ister Confirmation (782, 2) and Minor Orders (957,
2), and give dimissorial letters also to the seculars
of his territory who are to be ordained (958, 1, 4) . He
has the right to attend and to vote at General and
Plenary Councils (223, 282). With the approbation
of the Holy See he should select a neighboring Arch
bishop as his metropolitan, take part in his Provincial
Councils, and carry out their laws (285). If conse
crated, an Abbot Nullius has the same power as other
Bishops (957, 1).

3. Abjuration. All apostates, heretics, and schismatics
must renounce their errors in order to become recon
ciled to the Church. To be juridical, this abjuration
must take place before the Bishop or his delegate and
two witnesses (2314, 4).

4. Abortion. All who participate in producing an abor
tion incur excommunication reserved to the Bishop
(2350, 1), and become irregular (985, 4).

5. Abrogation. All laws of the Church which conflict
with the Code are abrogated (6). Otherwise plenary,
provincial, diocesan, and religious laws are abrogated
by it only when expressly stated (22). Matrimonial
impediments can be abrogated only by the Pope
(1040).

A DICTIONARY OF CANON LAW 3

6. Absence. Clerics must not be absent from their di
ocese for a notable time without the permission of their
Bishop (143). Pastors must have the written permis
sion of their Bishops to be absent more than a week
from their parishes (466, 4). Bishops should not be
absent from their dioceses more than three months in
a year (338).

7. Absolution. To grant absolution a priest must have
the proper ecclesiastical approbation (879). When
once granted, this approbation can be taken from him
only for a grave cause (880, 1). The confessor must
absolve a penitent who is rightly disposed (886). He
may hear the confession of persons who are not his
subjects, or who belong to a different rite, when they
come to him (881, 1). He may absolve his own sub
jects everywhere (881, 2). When making a voyage
he may absolve his fellow-passengers and also penitents
in the ports he happens to enter (883). A person
who has incurred a censure must be absolved from it
before he can be absolved from his sins (2250). If
a person who is not a priest pretends to give absolution
he is excommunicated (2322, 1). A priest without
approbation is suspended for granting sacramental
absolution (2366). A priest with approbation is
suspended from hearing confessions if he grants abso
lution for sins reserved to a higher authority (2366).
To absolve an accomplice, except in danger of death
when no other priest is near, is invalid (884) and

4 A DICTIONARY OF CANON LAW

punished with excommunication reserved in a special
manner to the Pope (2367). When a penitent is
in danger of death, any priest can absolve him from
all sins and censures (882).

8. Abstinence. The law of abstinence forbids the eat
ing of flesh meat and of broth made from meat (1250).
It binds all who have completed their seventh year
(1254). It is to be observed on all Fridays of the
year, on Wednesdays and Saturdays of Lent, and on
the Vigils of Pentecost, Assumption, All Saints, and
Christmas (1252, 1, 2). If one of these vigils falls
on Sunday, or if a holy-day falls on Friday, the law
of abstinence ceases. It also ceases at noon on Holy
Saturday (1252,4).

9. Abuses. The abuse of ecclesiastical power is to be
punished by legitimate authority in accordance with
Canon Law (2404-2414). This abuse of power in
creases the guilt when it is used to do wrong (2207, 2).
The Metropolitan must report abuses in his suffragans
to the Pope (274, 4). Bishops must guard against
abuses entering their dioceses (336, 2; 617, 2) and
report those to the Pope who abuse privileges granted
by him (78), as well as abuses of exempt religious
that are not corrected by their superiors (617, 1).

10. Accusation. In a criminal trial the accusation must
be made by the promoter of justice (1934). In mat-

A DICTIONARY OF CANON LAW 5

rimonial cases it is made by one of the contracting
parties (1971, 1,1), and must be made before the
case is instituted (1970). When the validity of an
ordination is impugned, the accusation is made by
the cleric concerned, by his Bishop, or by the Bishop
in whose diocese the ordination took place (1994).

11. Action (Legal). Ordinarily an action confirms a
right (1667). An injured person may institute action
to recover a right (1678, 1698, 1855). Whoever has
been in possession of a right for a year may institute
action to retain it (1695). A criminal action must
be instituted by the promoter of justice (1934).
Before it can be instituted it must be preceded by a
denunciation from the injured party (1938). It may
be ended by the death of the accused, by condonation
on the part of legitimate authority, or by becoming
outlawed (1702). Contentious actions must be out
lawed by legal prescription, but actions about the con
dition of persons are never outlawed (1701). Some
actions become outlawed in one year, others in three,
five, and ten years (1703).

12. Action (Moral). Actions performed through irre
sistible external violence are void (103, 1). Actions
performed on account of deception or grave and un
just fear are valid but may be rescinded by judicial
sentence (103, 2). Substantial error renders an
action void, accidental error does not. Error in con-

6 A DICTIONARY OF CANON LAW

tracts is foundation for rescinding an action according
to law (104). If an action is invalid of its very
nature, the injured person may obtain a declaration
of nullity (1079) as well as compensation (1081).

13. Acts. The acts of the Holy See are promulgated
when published in the "Acta Apostolicse Sedis" (9).
The Acts of Plenary and Provincial Councils must
be submitted to the Holy See for approbation before
their promulgation (291, 301). "When promulgated,
no Ordinary can dispense from them (291, 2). The
acts of ecclesiastical trials are to be written in Latin
(1642) and preserved carefully (1645, 2; 1946, 2).
In case of an appeal, copies are to be forwarded to
the superior court (1644). The sentence of expulsion
of a religious cleric of solemn or simple vows must be
confirmed by the Sacred Congregation before it can
be carried into effect (666).

14. Administration. The Pope has the supreme ad
ministration of all ecclesiastical property (1518).
The Cardinal Camerarius administers the temporali
ties of the Holy See (262). If any one usurps or
retains these temporalities, he incurs excommunication
specially reserved to the Holy See (2345). The
Bishop must watch over ecclesiastical property in his
territory, and should issue suitable instructions for
its administration (1519). He should have a board
of administrators to assist him (1519) according to

A DICTIONARY OF CANON LAW 7

Canon Law (1520-1528). Pious associations, lawfully
incorporated, have the administration of their prop-
perty under the supervision of the Ordinary (691,1),
and must annually render an account of it to him
(1489, 3). For the Ordinary must see to it that all
ecclesiastical property in his territory be carefully
administered (1521, 545, 1547, 1478, 1483). To him
every community of sisters, whether exempt or not,
must annually render an account of its administra
tion (535) though these sisters must administer their
temporalities according to their constitutions (532).
Pastors must administer the temporalities of their par
ishes according to the sacred canons (1182) and an
nually render an account of their administration to
their Ordinary (1525).

15. Administrators. The Consistorial Congregation
appoints Apostolic Administrators (248, 2). In
special cases the Pope may appoint them for estab
lished dioceses (312) or permit a Bishop or an Arch
bishop to appoint them (431). An Apostolic Ad
ministrator must show his credentials to the Bishop
and his Chapter when assuming office (313, 1), but
takes possession of a vacant see like a Bishop (313, 2).
He has the powers of an Ordinary (198,1), should
assist at Plenary (282,1) and Provincial Councils
(286,1), and ranks among the Suffragans of his prov
ince (292). Unless otherwise specified, he has the
same rights as a Bishop (314-318, 379, 3). He should

8 A DICTIONARY OF CANON LAW

take special pains to perform his duties well (1521-
1523). If he is appointed by a Bishop or an Arch
bishop he has only the faculties of a vicar capitular
(431). Every administrator of church property must
pay a living wage to his help (1524), render an annual
account of his administration to the Bishop (1525),
and enter into no lawsuit without his written permis
sion (1526). All administrators of pious funds, and
all who receive stipends for Masses to be said, must
send those stipends to the Ordinary at the end of
each year for which they have not satisfied (841).

16. Admission to Religion. Admission to the religious
life is open to any Catholic who is under no legal
impediment, who has the right intention and is capable
of fulfilling the duties of the religious life (538).

17. Adoption. In those States where legal adoption
renders a marriage illicit or invalid by civil law, it also
is illicit or invalid by canon law (1059, 1080).

18. Adultery. The crime of adultery, united to a
promise of marriage, establishes a diriment impediment
to the union of the criminals (1075). The crime of
adultery gives the innocent person grounds for per
petual separation (1129). Persons openly living in
adultery are excluded from all ecclesiastical benefits
until they have sincerely repented (2357, 2). If
clerics are guilty of this crime they are to be sus-

A DICTIONARY OF CANON LAW 9

pended, disgraced, and deprived of all clerical benefits
(2359,2).

19. Advocate. An advocate at an ecclesiastical trial
should be a Catholic of mature years and good reputa
tion, who is versed in canon law (1657). He must
have the approbation of the Ordinary (1658), be en
gaged by a litigant or by the judge (1661), and must
regulate his actions at the trial in accordance with the
prescriptions of canon law (1662-1667).

20. Affinity. Affinity arises from a valid marriage. It
exists between the husband and the blood relations of
his wife, and between the wife and the blood relations
of her husband. The degree of blood relationship de
termines the degree of affinity (97). In the direct line
affinity renders marriage invalid in all degrees, but in
the collateral line only to the second degree inclusive.
The impediment of affinity is multiplied as often as
the impediment of consanguinity is multiplied as well
as by a successive marriage with a relative of the de
ceased consort (1077).

21. Age. Purely ecclesiastical laws bind a child at the
age of seven (12). Though a girl reaches the age of
puberty at twelve, and a boy at fourteen (88), girls
must be fourteen and boys sixteen before they can
validly contract marriage (1067). The law of fasting
binds all who have completed their twenty-first year

10 A DICTIONARY OF CANON LAW

until the beginning of their sixtieth year (1254). The
age for religious profession is sixteen completed for
temporary vows and twenty-one completed for per
petual vows (573). Clerics may be ordained sub-
deacons at the completion of their twenty-first year,
deacons when twenty-two, priests at twenty-four, and
bishops when they have completed their thirtieth
year (331).

22. Agent. Without the permission of the Ordinary,
clerics should not act as agents in managing the prop
erty of lay persons (139).

23. Alienation. Exempt Religious can not dispose of
property valued at 30,000 francs without the consent
of the Holy See. They may dispose of property of
lesser value with the written permission of their
Superior and his consultors. In addition to this per
mission Sisters of Diocesan Institutes must have the
written permission of their Ordinary (534). Precious
relics and pictures, and pictures that are highly
venerated by the faithful, must not be disposed of
or transformed without the consent of the Holy See
(1281). To alienate other ecclesiastical property the
consent of the Holy See is required if it is valued at
30,000 francs, and the consent of the Ordinary and
his consultors if it is valued at more than 1,000 franca
(1530-1534). It is then to be sold to the highest
bidder (1531). He who unjustly disposed of or re-

A DICTIONARY OF CANON LAW 11

ceived ecclesiastical property may be forced by cen
sures to restitution and reparation (2347).

24. AH Souls. A priest may say three Masses on All
Souls Day (806), and have the privilege of a privi
leged altar at them (917).

25. Alms. Mendicants may beg alms in the diocese in
which they have a house with the permission of their
superior. Outside of their diocese they need the writ
ten approbation of the Ordinary of the diocese (621).
Superiors can send only professed members of mature
age to collect alms (623). Religious who are not
mendicants need the permission of the Holy See to
collect alms. A diocesan Congregation must have the
permission of the Ordinary of the diocese in which
they live and of the Ordinary in whose diocese they
wish to collect. Religious Congregations should not
be allowed to beg except in case of real necessity (622).

26. Altar. A consecrated altar (1199) used only for
divine worship (1202) is the place on which to cele
brate Mass (822). An altar may be fixed or portable
(1197). A fixed altar must have a stone foundation,
constructed according to liturgical laws, and conse
crated with it (1198). A portable altar consists of a
stone that may rest on any foundation (1197, 2).
Both must have a sepulchre with relics, covered with
a piece of stone (1198, 4) . The Bishop may consecrate

12

A DICTIONARY OF CANON LAW

a portable altar any time, but should consecrate a
fixed altar if possible on a Sunday or Holy-Day
(1199, 3). Though the altar may be consecrated
without the church, at least one fixed altar should be
consecrated with the church (1165, 5). A fixed altar
loses its consecration if the table is even momentarily
separated from its foundation, or if the table or the
foundation is seriously broken, especially at the places
of anointing. Every altar loses its consecration if
the relics or the sepulchre are broken or removed
(1200). Every altar ought to have a name, the high
altar having the same as the church (1201). Even
though there are many altars in a church, the Blessed
Sacrament can be kept only on one (1268). The
Ordinary may declare one altar in every church
" privileged" (916). It should be marked Alt are
Privilegiatum (918). Every Mass said on All Souls
Day has the privilege of a privileged altar (917).
1 'The privilege of a portable altar" is granted only
by the Holy See. It consists in permission to say
Mass in any decent place while using an altar-stone
(822, 2-3). No bodies are to be buried under or
within one metre of the altar on which Mass is said
(1202, 2).

27. Anathema. Anathema or excommunication is a
censure by which one is excluded from the communion
of the faithful and subjected to disabilities defined in
Canon Law (2257).

A DICTIONARY OF CANON LAW 13

28. Apostate. An apostate is one who totally renounces
the Christian faith after having been baptized
(1325, 2). Catholics are forbidden to marry apos
tates (1065, 11), and the pastor is forbidden to assist
at such marriages without the Bishop's consent
(1065, 2). Those who receive Orders from a notorious
apostate incur suspension reserved to the Holy See
(2372). Unless they give some sign of repentance
before death apostates are to be deprived of Christian
burial (1240), and those who dare to give Christian
burial to impenitent apostates incur excommunication
(2339). A religious who renounces the Christian
faith is thereby expelled from his Order (646, 1, 1),
and a cleric is deprived of all ecclesiastical standing
(2314, 2). An apostate from religion is one who,
though bound by perpetual vows, illegally leaves his
community with the intention of never returning
(644, 1). He incurs excommunication reserved to his
superior general, or to the Ordinary if he belongs
to a non-exempt community (2385). He is -not dis
pensed from his rule or vows, and is bound to return
to his community without delay (645, 1).

29. Apostolic See. The Apostolic or Holy See includes
the Pope and those Congregations, Tribunals and
Offices in Rome through which he transacts the affairs
of the Catholic Church (7).

I 30. Appeal. There is no appeal from a decision of the
Pope, of his special delegate, or from a few peculiar

14 A DICTIONARY OF CANON LAW

decisions (1880). In all other cases an appeal may
be taken (1879) within ten days (1881). When the
judge pronounces sentence orally, the appeal may be
made orally, otherwise it must be made in writing
(1882). Whenever a marriage is declared null it
must be appealed (1986). If the second decision
confirms the first and no appeal is taken within ten
days the persons concerned will be free to marry
(1987). A decree of nullity is then to be sent to the
Ordinary and entered on the baptismal and matri
monial records (1988). Matrimonial cases may be
reopened whenever new evidence of a grave nature
appears (1989).

31. Application. Indulgences can never be applied to
the living, but may always be applied to the souls in
purgatory, unless otherwise specified (930). Mass
may be publicly applied to the living and the dead
members of the Church (809), and privately for an
excommunicated person, unless he is a vitandus, when
it may be said only for his conversion (2262).

32. Appointment. Appointment to an office should be
made in writing (159). Bishops are appointed by the
Consistorial Congregation (248), even when nomi
nated by the civil authorities (332). Unless legiti
mately prevented, a Bishop must be consecrated within
three months after his appointment (333).

A DICTIONABY OF CANON LAW 15

33. Approbation. All works treating of Catholic faith,
morals, devotion, and discipline require the approba
tion of the Ordinary, for secular clergy, and of the
Ordinary and their major superiors for religious
(1385). Works by clerics on profane subjects should
have the permission of these same superiors (1386).
Even Catholic lay persons should not contribute to
papers and magazines that are accustomed to attack
Catholic faith and morals, unless they have the appro
bation of their Ordinary (1386, 2). Whatever per
tains to the process of canonization of the servants
of God must have the approbation of the Congregation
of Rites before it may be published (1387). The ex
press approbation of the Holy See is required to
publish a translation of the authentic collection of
prayers and good works enriched with indulgences
(1388), or a new edition of the collection of the decrees
of the Roman Congregations (1389). In editing
liturgical works the Ordinary who gives the approba
tion must likewise testify that the edition agrees with
the original (1390). Versions of the Bible must have
the approbation of the Holy See or be edited under
the supervision of the Bishops and enriched with notes
from the Fathers ( 1391 ) . The approbation of original
works does not extend to translations and later edi
tions (1392). The approbation of the Church is re
quired to give public honor to any servant of God
(2125).

16 A DICTIONARY OF CANON LAW

34. Archbishop. An Archbishop is the Ordinary of a
diocese (273) who presides over his ecclesiastical
province (272). He has power to make certain
appointments, to grant indulgences, to appoint a Vicar
Capitular at the death of a suffragan (if one is not
elected), to inform the Pope on faith and discipline
in suffragan sees, to hold canonical visitation in their
dioceses, when the suffragans neglect it, to pontificate
in their churches, to receive appeals from their courts,
and to decide controversies between them (274). He
must ask for the pallium within three months after
his appointment (275). He can exercise metropolitan
jurisdiction only after receiving the pallium (276).
He may wear the pallium in any church of his province
(277). If he is transferred to another Metropolitan
See he must receive a new pallium (278). When he
dies his pallium must be buried with him (279).

35. Archconfraternity or Primary Sodality. Confra
ternities and sodalities which have the right of aggre
gating others are called archconf raternities or primary
sodalities (720). An apostolic indult grants this right
of aggregating (721, 1) other societies with the same
name and object (721, 2). By aggregation these so
cieties share in all the favors granted to the society
(722). For a valid aggregation the local association
must be formed with the permission of the Ordinary,
application must be made with his permission in writ-

A DICTIONARY OF CANON LAW 17

ing, the privileges communicated must be stated in
the diploma of affiliation, the diploma must be drawn
up legally, the affiliation must be in perpetuity, there
are no charges except to cover the necessary expense
(723). The headquarters can be transferred only by
the Holy See (724). The title of archconfraternity,
etc., is granted by the Holy See (725).

36. Archives. The Bishop should see to it that all docu
ments pertaining to the spiritual and the temporal
affairs of the diocese be preserved in the diocesan
archives (375). Only the Bishop, the Vicar General,
and the chancellor can permit any one to visit them
(377). Only the Bishop and his Vicar General can
give permission for a document to be taken out, and
that only for three days. Whoever thus borrows a
document must leave a receipt in writing with the
chancellor (378). The Bishop should also have secret
archives in which documents pertaining to criminal
cases are kept. These documents should be sorted
annually and those that have served their purpose
burnt (379). The Bishop should likewise see to it
that every church and confraternity in his diocese
has its archives. Documents are to be duplicated,
one to be kept in the local and the other in the
diocesan archives (383). All documents that are not
to be kept secret are open to the public under proper
supervision (384).

18 A DICTIONARY OF CANON LAW

37. Articles of Devotion. Articles of devotion do not
lose the indulgences attached to them until they are
totally destroyed or sold (924).

38. Arts. Priests are not to practise arts unbecoming
to their vocation (138).

39. Assistants to Pastors. Pastors of large parishes
may receive one or more assistants. Their duty is
to help in the parochial work. They are to receive
a suitable remuneration (476, 1). The Bishop ap
points them from the secular clergy (476, 3). They
must reside in the parish (476, 5). Their rights and
duties are defined by the diocesan statutes, by the
Bishop, and by the pastor, whom they are to help
(476, 6). Assistants to Pastors, who are religious,
are appointed by their superiors, with the approbation
of the Ordinary (476, 4). Assistants may be changed
at the pleasure of their superiors (477).

40. Associations — Sodalities. The faithful are en
couraged to join societies established, or at least
recommended by the Church. They are to be cau
tioned against those that are condemned, secret,
suspected, seditious, or that seek to withdraw from
the supervision of the Church (684). Distinctly re
ligious societies are instituted by the Church for the
spiritual advancement of the members, for the practice
of the works of mercy, and the advancement of public

A DICTIONARY OF CANON LAW 19

worship (685). Only practical Catholics are eligible
to membership (692). It is the Ordinary's right to
approve these sodalities (686) unless the Pope ap
proves them (699). Every sodality is to have its own
statutes approved by the Ordinary or the Holy See
(689).

41. Attempted Crime. Attempted crime is the placing
of an action that leads to crime, and then desisting
in its execution (2212, 1). If it is prevented by an
other, it is called frustrated crime (2212, 2). Before
the law the guilt is measured by the degree of execu
tion (2213).

42. Attempted Marriage. A married person, who at
tempts a second marriage, becomes a public sinner, and
is to be excommunicated or placed under a personal
interdict (2356). A priest who attempts marriage is
excommunicated (reserved to the Holy See) and for
feits all ecclesiastical standing (2388, 1). A re
ligious by the same crime is expelled from his Order
(646, 1, 3).

43. Authenticity. Whoever introduces a document in
the process of a servant of God must show its origin
and authenticity (2034). Relics cannot be exposed
for public veneration unless they are accompanied by a
document from the proper authorities declaring their
authenticity (1283).

20 A DICTIONARY OF CANON LAW

44. Authors. Catholic authors, writing on religion,
must apply for ecclesiastical approbation before pub
lishing their works (1385). Priests and religious
must obtain the permission of their respective superiors
before publishing works on profane subjects (1386).
All who publish the books of the Bible or notes on the
same without approbation incur excommunication
(2318, 2).

45. Auxiliary Bishop. The Pope appoints the Auxil
iary Bishop. He has no right of succession (350).
His duty is to assist the Bishop in his labors (351).
He is bound to reside in the diocese (354). He cannot
ordain (352). Ordinarily his office expires with the
death of the Bishop (355, 2).

46. Bail. Clerics must have the permission of the Or
dinary to furnish bail for any one, even with their
own money (137).

47. Banns. The banns of marriages to be contracted
are to be published in church (1022), by the pastor
of the contracting parties (1023), on three continuous
Sundays or Holy Days, or on the day of some other
parish celebration (1024). Or the Bishop may have
the names of the contracting parties affixed to the
church door for eight days, including two days of
obligation (1025). The banns are not to be published
for mixed marriages, unless the Bishop thinks other-

A DICTIONARY OF CANON LAW 21

wise (1026). All who know of any impediment to
the marriage must reveal it to the pastor or to the
Bishop before the ceremony takes place (1027). If
any doubt arises about an impediment the pastor
should continue the publication of the banns, report
the matter to the Bishop, and not permit the marriage
to take place until the doubt has been cleared up ac
cording to law (1023, 2; 1028-1031). If the banns
are published in one place and the ceremony is to take
place in another, the first pastor must make the in
vestigation and notify the second pastor (1029). If
the marriage does not take place within six months
after the publication of the banns, they must be pub
lished again before the ceremony takes place, unless
the Ordinary thinks otherwise (1030, 2).

48. Baptism. When all the ceremonies of the ritual
are carried out the baptism is called solemn, other
wise private (737, 2). The administration of baptism
is reserved to the pastor or a priest delegated by him
or by the Ordinary (738). Without permission no
pastor is allowed to baptize even his own subjects
outside his territory (739). The pastor should in
struct the faithful, but especially the midwife, nurse,
and doctor, how to baptize in case of necessity (743).
In difficult childbirth the infant may be baptized con
ditionally in the womb, but ought to be baptized again
conditionally after birth (746). An abortive foetus
should be baptized absolutely if evidently alive, other-

22 A DICTIONARY OF CANON LAW

wise conditionally (747). Foundlings should be bap
tized, at least conditionally -(749). Infants of apos
tates, heretics, schismatics, Jews, and infidels may be
licitly baptized without the consent of their parents
only when in proximate danger of death. With the
consent of one parent such an infant may be baptized
if its Catholic education is assured (750-751).
Solemn baptism must be conferred with the cere
monies of the ritual (755-758, 762-779). Private
baptism may be given in case of necessity at any time,
in any place, and by any one who has the use of
reason (742, 771). The baptistry is the proper place
for the administration of solemn baptism (773).
Sponsors should assist at solemn baptism and also at
private baptism, if possible (762). When a priest
gives private baptism he should add the ceremonies
which follow the baptism, if time permits (759, 1).
As soon as the child thus baptized recovers, it should
be brought to church, that the ceremonies which were
omitted may be supplied (759, 3). The Ordinary
can not permit baptism to be administered privately
excepting in danger of death (759, 2). Sponsors must
be practical Catholics, chosen by the parents or the
person to be baptized, at least fourteen years of age,
touch the person being baptized and have the intention
of becoming sponsors (765—767). Sponsors and the
person baptizing contract spiritual affinity with the
person baptized (768). Without delay the pastor
should make a record in the baptismal register of the

A DICTIONARY OF CANON LAW 23

person baptized, the parents and sponsors, the date
and place of baptism (777, 1). The names of parents
of an illegitimate child are not to be recorded unless
they formally request it or are publicly known
(777, 2). If a pastor baptized a child of another par
ish he should notify the other pastor as soon as pos
sible (778). To prove the baptism of any one the
testimony of a reliable witness or the affidavit of the
person who was baptized as an adult, suffices (779).

49. Baptism of Adults. Adults are all persons who
have come to the use of reason (745, 2). They should
not be baptized without their knowledge and consent,
nor without due instruction and sorrow for their sins
(750-760). In danger of death they must at least
express their willingness to be baptized and to live a
Christian life (752, 2). If an adult has given some
probable sign of wishing to be baptized in his past
life he may be baptized conditionally when uncon
scious. If he recovers, and a doubt remains about
the validity of his baptism, he is to be rebaptized con
ditionally (752). To be baptized adults must volun
tarily express the desire for it (745, 2). They should
be baptized on the vigils of Easter or Pentecost when
possible (772). They should be baptized before Mass
and receive Holy Communion at it (753). They may
be brought to the Bishop to be solemnly baptized by
him (744). The Ordinary may permit the use of the
short form in baptizing adults (755, 2). The Ordi-

24 A DICTIONARY OF CANON LAW

nary may permit heretics joining the Church, who
have to be conditionally baptized as adults, to be bap
tized privately (759,2).

50. Beatification. The beatification of servants of God
is conducted by the Congregation of Rites (253) ac
cording to its special laws (1999-2135).

51. Bells. It is desirable for each church to have bells
to invite the faithful to divine services. These bells
should be consecrated or blessed. Their use is sub
ject to ecclesiastical authority, and they should ordi
narily be devoted only to religious purposes (1169).
The rector of the church appoints the person to ring
the bell (1185). The Ordinary may order the bells
rung for public celebrations (612).

52. Benediction. In all churches and oratories where
the Blessed Sacrament is kept, private benediction
with the ciborium may be given without the permis
sion of the Ordinary. Public benediction with the
Blessed Sacrament is regulated by the Ordinary, ex
cepting in churches of exempt religious, and on the
feast and during the octave of Corpus Christi (1274).

53. Benefice. A benefice is a sacred office and the right
to receive the revenue accruing from it (1409).
Benefices are established either by the Holy See or I

A DICTIONARY OF CANON LAW 25

by the Ordinary (1414) and may be divided, changed,
or abrogated by the same (1422). Before the erection
of a benefice a suitable revenue ought to be provided
for it (1415). Great distance from church and a
large Catholic population justify the Bishop in divid
ing a parish without the consent of pastor or people
(1427). Before the erection of a benefice those who
are interested should be called and given a hearing
(1416). (See Diocese, Parish, Bishop, Pastor.)

54. Bequest. He who has the right to dispose of his
property may give or will it to a pious cause (1513, 1).
The formalities of civil law should be complied with
in drawing up a will (1513, 2). The bequests of
the faithful must be scrupulously carried out (1514).
The Ordinary is the executor of all bequests to pious
causes (1515). Any cleric or religious who receives
a bequest in trust, must inform the Ordinary, who
must demand that the pious intentions of the testator
be carried out. If a religious receives a bequest in
trust for the good of his Order, the Ordinary whom
he must notify is his religious superior (1516). A
change in the conditions of a bequest can be made for
a just cause only by the Holy See. If the bequest
cannot be carried out on account of unforeseen con
tingencies, the Ordinary may adapt it to the changed
conditions. Bequests for Masses, however, cannot be
reduced by any one but the Holy See (1517).

26 A DICTIONARY OF CANON LAW

55. Bination. On all holy-days of obligation the Or
dinary may permit a priest to say two Masses to en
able the faithful to hear Mass (806, 2).

56. Birth=place. The place in which the father had a
domicile or quasi-domicile when his child was born
is the birth-place of that child, — in the case of an
illegitimate or a posthumous child, the place where
the mother had the domicile at the time of its birth.
The birth-place of foundlings is the place where they
were found, and the birth-place of vagrants the place
where they were actually born (90).

57. Bishops. Bishops are the successors of the Apostles,
who are placed over individual churches by divine
law, and govern them with ordinary authority under
the authority of the Pope, by whom they are freely
appointed (329). To be eligible to the episcopate
a man must be born of lawful wedlock, be thirty
years of age, be at least five years a priest, be of
good character, pious, zealous, prudent, and otherwise
qualified to govern a diocese, and must be a doctor
or a licentiate in theology, or canon law, or at least
well versed in these sciences. Of these qualities the
Holy See alone has the right to judge (331). Even
when otherwise nominated a candidate needs a papal
appointment to become the lawful bishop of a vacant
see (332, 1). He cannot absent himself for more than
three months in a year from his diocese (338, 2).

A DICTIONARY OF CANON LAW 27

He must be consecrated within three months after
receiving his appointment, and be installed within
four months of his consecration (333). He is the
ordinary and immediate pastor in the diocese com
mitted to his, care, but cannot exercise jurisdiction
until he has canonically taken possession, by presenting
the apostolic letters in person, or through a procurator,
to the cathedral Chapter in the presence of the secre
tary of the Chapter or the chancellor of the Curia
(334). A papal mandate is necessary for his conse
cration (953).

58. Bishops, Privileges of. Besides other privileges
which individuals may possess, every Bishop (1)
may hear confessions everywhere; (2) may say
Mass on a portable altar; (3) bless the people
everywhere; (4) choose a confessor for himself and
his household everywhere; (5) preach with pre
sumed permission of the Ordinary; (6) bless articles
of devotion in the usual way; (7) wear episcopal
insignia.

59. Bishops, Rights and Duties of. Every bishop has
the right and the duty to govern the diocese in spirit
ual, as well as in temporal affairs, with legislative, ju
dicial and coercive power, to be exercised according to
the sacred canons (335) . He must urge the observance
of the laws of the Church, watch that no abuses creep
into ecclesiastical discipline, and guard the purity of

28 A DICTIONARY OF CANON LAW

faith and morals among clergy and laity (336). He
may exercise pontifical functions anywhere in his
diocese, and may grant permission to other Bishops
to do the same (337). He is bound to reside in
his diocese, and to be at his cathedral during Advent,
Lent and on the feasts of Christmas, Easter, Pente
cost, and Corpus Christi. If he is unlawfully absent
from his diocese for more than six months he is to
be reported to the Holy See by his Metropolitan (338).
He must say Mass for the faithful on all Sundays
and Holy Days of obligation, even on suppressed
feasts (339). He is the teacher of the faithful com
mitted to his care (1326), and is personally bound
to preach the Gospel (1327). He has the right to
the income of the mensa episcopalis, to grant an in
dulgence of fifty days in places under his jurisdiction,
and to erect the throne with the canopy in all churches
of his diocese (349). He must make an ad limina
visit every five years and make a report of his diocese
to the Holy See (340). If he lives outside of Europe
he must make this visit at least every ten years (341).
He may make his report personally, through his
Coadjutor, or with the consent of the Holy See,
through one of his priests (342). To promote religion
he should make the visitation of his diocese every
year if possible, otherwise at least every five years
(343), inquiring into persons, places, and things that
pertain to the diocese (344), without accepting any
remuneration but his travelling expenses, if custom

A DICTIONARY OF CANON LAW 29

sanctions this (346). Bishops do not incur censures
unless they are specially mentioned (2227).

60. Blessings. A blessing is invalid unless the pre
scribed form is used (1148). All articles blessed with
a constituting blessing should be treated reverently
(1150). Cardinals can bless any article with the sign
of the cross and enrich it with the indulgences the
Holy See is accustomed to grant (239, 1, 5). Every
Ordinary may use the blessings and consecrations not
reserved to the Pope (1155; 323, 2; 294, 2). No one
can consecrate or bless a place without the consent
of the Ordinary (1157). The blessing of the corner
stone and of the building is reserved to the Ordinary
for non-exempt churches (1163). The blessing of
images exposed for public veneration is reserved to
the Ordinary (1279, 4). Bishops may give the papal
blessing with a plenary indulgence twice a year, on
Easter and on another feast of their choice (914).
Pastors and religious superiors may bless sacred uten
sils for their churches and oratories (1304, 5). Bless
ing of the baptismal water (162, 7; 757), the nuptial
blessing (462, 4), and the blessing of houses on Holy
Saturday (462, 6) are reserved to the pastor. Any
priest, assisting the dying, may give them the apos
tolic blessing and plenary indulgence in articulo
mortis (468, 2). Priests may impart all the blessings
not reserved to the Pope, to the Bishop, or to others.
If they use reserved blessings they are illicit but valid

30 A DICTIONARY OF CANON LAW

unless stated otherwise in the reservation (1147, 2-3).
Domestic and semi-public oratories are to be blessed
with the ordinary blessing for a place or a house
(1196, 2). The blessing of the corner-stone of sacred
places and churches of exempt religious, belongs to
the superior (1156). Regulars having the privilege
of granting the papal blessing must use the prescribed
form (915). As a rule all blessings may be given
to catechumens, and even to non-Catholics to obtain
for them health and the gift of faith (1149).

61. Books. (See Approbation, Authors.)

62. Burial. Ecclesiastical burial consists in bringing
the body into the church, there holding the funeral
services over the same, and depositing it in a place
lawfully appointed for the burial of the faithful de
parted (1204). Cremation is forbidden. It is un
lawful for anyone's desire for cremation to be car
ried out (1203). (See also Corpse, Cemetery, Fu
neral.)

63. Business. Clerics are forbidden to engage in any
business for their own benefit or for that of others,
either personally or through others (142).

64. Camera Apostolica. The Camera Apostolica hi
charge of the temporal goods and rights of the Hoi:
See, especially during its vacancy. It is in chai
of the Cardinal Camerarius (262).

A DICTIONARY OF CANON LAW 31

65. Canonization. The canonization of a servant of
God cannot be asked until he has been beatified (2136),
and two or three miracles have been wrought through
his intercession (2138), which have been verified by
authentic documents (2137). The Pope then signs
the decree of canonization (2140), after which it is
solemnized with appropriate ceremonies (2141).

66. Canonries. Canonries are not to be established
without endowments (393, 3). They are conferred by
the Bishop (403) on priests of learning and integrity
of life (404) .

67. Canons. The Canons assist the Bishop at solemn
Mass (412), recite the Divine Office in choir (413)
daily (414), and minister by turn at the altar (416).
Canons of the Cathedral Chapter aid the Bishop in
the government of the diocese (391, 1). In choir
they wear episcopal garments, and may wear the same
in other places of the diocese (409). They may have
a vacation of three months in a year (418). They
can not easily discharge their duties through a substi
tute, and must reside at the church they serve (419).

68. Cardinals. The Cardinals constitute the Senate of
the Church and assist the Pope by their counsel and
labors (230). The College of Cardinals is divided
into three orders : episcopal, presbyteral, and deaconal.
There are six Cardinal Bishops, fifty Cardinal priests,

32 A DICTIONAEY OF CANON LAW

and fourteen Cardinal deacons. The six Cardinal
Bishops preside over the six suburban sees of Rome,
while the others have each a church assigned to them
in Rome, ^ven when governing a diocese elsewhere
(231). They are chosen by the Pope from among
the entire Catholic clergy on account of their learn
ing, piety and exceptional executive ability (232).
They are created and proclaimed by the Pope in Con
sistory (233). As vacancies occur the Cardinals may
be promoted to different titles and orders (236).
From the day of their creation Cardinals enjoy the
universal faculty of hearing confessions, preaching,
blessing articles of devotion, investing with the scapu
lars, erecting the Stations of the Way of the Cross,
saying Mass wherever they happen to be stopping,
etc. Cardinals do not incur censures unless specially
mentioned (2227).

69. Cases. All cases against clerics, whether civil or
criminal, must be brought into the ecclesiastical court.
Clerics cannot be sued in a civil court without the
permission of the Ordinary of the place where the
case is to be tried (120).

70. Cassock. All clerics must wear the clerical garb
prescribed for their country (136). Those in Major
Orders, who do not do so after having been admonished,
shall be suspended after a month, while those in
minor orders forfeit the clerical state (2379).

A DICTIONARY OF CANON LAW 33

n. Catechetical Instruction. One of the gravest
duties especially of pastors is to instruct the Christian
people (1329). It is the duty of the pastor annually
to prepare the children for confession and confirma
tion by instructing them on several days in succession,
and to prepare them during Lent, if possible, for a
worthy reception of their first Holy Communion
(1330). Moreover, the pastor should instruct those
children more fully in their Christian doctrine who
have already received their first Communion (1331).
On Sundays and Holy Days he should explain the
doctrine in a popular way to the people (1332). Pas
tors may use the help of others in instructing the
children in their religion (1333).

72. Catechumens. Catechumens may receive the bless
ings of the Church (1149). The exorcisms may like
wise be pronounced over them (1152). If they die
without their fault before receiving baptism, catechu
mens are entitled to ecclesiastical burial (1239, 2).

73. Cathedraticum. All churches and confraternities
subject to the jurisdiction of the Bishop must annually
pay him their cathedraticum (1504). They cannot
free themselves from this obligation by prescription
(1509, 8).

74. Cause, Canonical. A just and reasonable cause is
necessary for an inferior to dispense from ecclesiastical

34 A DICTIONARY OF CANON LAW

laws (84), for a priest to leave his diocese and join
another (116, 117), for a Catholic to enter a mixed
marriage (1061), for married persons to separate for
life (1129, 1131), for Bishops to divide parishes
(1427), to dispose of ecclesiastical property (1530),
to transfer an irremovable pastor (2147), even to
transfer a movable pastor (2162), for suspension ex
informata conscientia (2191).

75. Cautions. Even when there is a canonical cause,
the Church does not grant dispensations for mixed
marriages, unless the non-Catholic promises to remove
all danger of perversion of the Catholic party, and
both parties promise to bring up all their children
Catholics. These promises are to be made in writing
(1061).

76. Celebrant. The celebrant of Mass must be a priest
(802), free from mortal sin (807), fasting from mid
night (808), who has the permission of the Ordinary
(804, 3), or who has his celebret in a strange diocese,
or is known to the pastor of the place (804, 1). If
a stranger without a celebret he may say Mass once
or twice as long as he dresses as a cleric and observes
the canons and statutes (804, 2).

77. Celebret. A celebret is a statement from his Or
dinary for a secular priest, from his superior for a
religious priest, and from the Sacred Congregation

A DICTIONARY OF CANON LAW 35

for a priest of the Oriental Church, testifying that
he is ordained, in good standing, and permitted to
say Mass (804, 1).

78. Celibacy. Clerics in major orders must observe
celibacy and chastity (132, 1), even when reduced to
the lay state (213), unless they were ordained through
fear or force, and never willingly accepted the duties
of major orders. If they can prove this to the satis
faction of the Bishop they will be pronounced free from
those obligations (214, 1).

79. Cemeteries. The Catholic Church has a right to
possess her own cemeteries. Where this right is not
recognized by the State the Bishops should try to
have the public cemeteries blessed if most of those
to be buried there are Catholics. Otherwise they
should have a part reserved for the Catholics and
bless it. If this cannot be done the grave of each
individual should be blessed at the time of burial
(1206). Every parish should have its own cemetery
unless the Bishop has appointed one common cemetery
for several parishes. Exempt religious may have
their own cemetery. The Ordinary may permit
private families and associations to have their own
cemeteries (1208). In parochial cemeteries the Ordi
nary may permit families to have special burial places.
The burial place for priests should be separate from
that of the laity (1209). Epitaphs should be in har-

36 A DICTIONARY OF CANON LAW

mony with Catholic faith and piety (1211). In every
cemetery there should be a place for those who are not
entitled to ecclesiastical burial (1212). Bodies that
have the final blessing of the Church shall not be
exhumed without the permission of the Ordinary
(1214). Mortuary chapels in cemeteries are private
oratories (1190).

80. Censor. The Church has a right to examine and,
if necessary, to prohibit the publications of her sub
jects (1384) . There shall be a censor in every diocesan
curia who shall judge these writings impartially ac
cording to the teaching of the Church. He must give
his verdict in writing. If it is favorable the Ordinary
may give permission to publish the work, and with
this permission also publish the name and opinion of
the censor (1393). This approbation is to be printed
either at the beginning or at the end of the book
(1394). (See Approbation, Books.)

81. Censures. Censures are ecclesiastical punishments
inflicted on Catholics for obstinate faults. They con
sist in the privation of certain spiritual rights until
the guilty persons repent and are absolved (2241).
They are inflicted only for grave, external, contu
macious sins (2242), either by the law of the Church
or by some person in authority, and may be reserved
either to the Ordinary or to the Pope (2245), Those
who have incurred censures can be absolved only by

A DICTIONARY OF CANON LAW 37

such persons as are authorized by law or by competent
authority (2247). There are three censures: excom
munication, interdict, and suspension (2255), each
of which will be treated separately.

82. Cessation. Privileges cease by renunciation (72),
expiration of time or use limited (75), revocation
(71), and death of the recipient (74). Dispensations
cease like privileges and also with the cessation of
the reason for which they were granted (86).

83. Chancellor. The chancellor's duty is to keep the
acts of the diocesan Curia in the archives, to arrange
them in chronological order, and to make an index
for the same. He is appointed by the Bishop, and
is a notary by virtue of his office (372). (See
Archives.)

84. Chaplain. A chaplain is a priest authorized for an
institution, a society, or the army. The Bishop may
exempt religious houses and pious institutions in the
parish from the authority of the pastor (464). He
has the right to appoint the chaplains of societies
in his diocese. Chaplains of confraternities for the
time of their office have the faculty to bless the
habit and the insignia, and also to invest new members
(698). Military chaplains receive such special facul
ties from the Holy See as circumstances may require
(451,3).

38 A DICTIONARY OF CANON LAW

85. Chapter. Every Chapter of Canons is instituted
for divine services. The cathedral chapter is, besides,
the senate of the Bishop, assists him in the government
of the diocese, and supplies his place during a vacancy
(391). Chapters may be established, changed, and
suppressed by the Holy See (392). Chapters are to
be endowed before they are erected (393).

86. Children. Children under seven years of age are
not subject to purely ecclesiastical laws (12). In
danger of death young children who can distinguish
Holy Communion from ordinary bread, and reverently
adore It, may receive. With this exception they
should at least know the mysteries of faith, necessary
as absolute means of salvation, and approach Holy
Communion with devotion proper to their age (854).
Children under the age of puberty do not incur the
censures attached to the violation of a law or precept
for the commission of a crime (2230).

87. Christ. Christ, the Lord, is Himself contained,
offered, and received under the species of bread and
wine in the most holy Eucharist (801). Even under
the sacramental species, the cult latria is due to Christ,
the Lord (1255, 1). Christ, the Lord, confided th<
deposit of faith to the Church, that she may reverentl;
preserve and faithfully teach the revealed doctrine
with the perpetual assistance of the Holy Ghost
(1322, 1).

A DICTIONARY OF CANON LAW 39

88. Christmas. On Christmas a priest may say three
Masses (806) and receive stipends for all three (824).
In the oratories of religious and pious institutions
one priest may say three Masses on Christmas, be
ginning at midnight, and also distribute Holy Com
munion (821).

89. Church Authority. Those who are received into
the ecclesiastical hierarchy are not chosen by the
people, or by secular authority, but are placed in the
degrees of power of orders by sacred ordination. In
the supreme pontificate the person lawfully elected,
and freely accepting the election, receives the power
of jurisdiction by divine right. All others receive
jurisdiction by canonical mission (109).

90. Church Building. A church is a sacred edifice
dedicated to divine worship (1161). No church shall
be erected without the explicit permission of the
Bishop in writing (1162). The blessing of a church
is reserved to the Ordinary, or to the major religious
superior (11.63). It should be built in conformity
with the laws of ecclesiastical art (1164). No services
can be held in it before it has been blessed for divine
worship (1165, 1). A church of wood may be blessed
but not consecrated (1165, 4). A church loses its
blessing by desecration, or by the destruction of the
major part of its walls (1170). A church is dese
crated by wilful homicide, malicious and copious

40 A DICTIONARY OF CANON LAW

shedding of blood, by sordid use, and by burial of an
infidel or excommunicated person (1172). A dese
crated church cannot be used for divine worship until
it has been reblessed (1173). If a church can no
longer be used for divine worship the Ordinary may
turn it to some decent profane use (1187).

91. Citation. A citation is a summons to appear in
court (1711). It is made by the judge (1712), signed
in duplicate by him and his notary (1715, 1716), and
delivered in person to the one concerned by a messen
ger (1717,1).

92. Clergy. By divine institution the clergy are dis
tinct from the laity in the Catholic Church (107).

93. Clerics. Clerics are men assigned to the divine
ministry by the reception of the first tonsure. They
are of different degrees, subordinated one to another
in a sacred hierarchy. This hierarchy consists of Bish
ops, priests, and other ministers by reason of the
sacred orders, and of the supreme pontificate and the
subordinate episcopate by reason of jurisdiction. By
institution of the Church other degrees have been
added (108). Every cleric must belong to a diocese or
to a religious community (111). Only clerics can
obtain the power of orders and jurisdiction, of benefice
and of pension (118). The faithful owe the clergy
reverence according to their TMjnk and office, and be-

A DICTIONARY^ CANON LAW 41

come guilty of sacrilege by doing them a personal
injury (119). All cases against them must be brought
in the ecclesiastical court. The Pope can be subject
to no civil power. Other clerics cannot be sued in a
civil court without the permission of the Holy See for
all dignitaries, and of the Ordinary for simple priests
and inferior clerics (120). All clerics are free from
military service and other duties that are unbecoming
to the clerical state (121).

94. Clerics, Obligations of. Clerics must excel the
laity in virtue and good deeds (124) and daily devo
tion (125). Secular priests must make a retreat at
least every three years (126), respect and obey their
Ordinary (127), love solid studies (129), submit to
examinations for three years after their ordination
(130), and attend the diocesan conferences (131).
Clerics in major orders are forbidden to marry. They
must live chaste lives (132) and conduct their homes
accordingly (133), and recite the canonical hours
(135). All clerics must dress as clerics (136).

i 95. Clerics, Things Forbidden to. They are forbidden
to go bail (137) and must abstain from all things un
becoming or foreign to their state (138). They shall
not act as agents for property, nor run for political of
fices (139). They shall not volunteer for military
service, and if they do so, they forfeit their clerical
standing (141). They are forbidden to engage in

42 A DICTIONARY OF CANON LAW

any secular business (142). They are bound not to
leave their diocese for a notable time without permis
sion of the Ordinary (143), and may be recalled by
him when absent on leave unless they have been ex-
cardinated (144). Clerics in minor orders may be
reduced to the lay state by living an unclerical life, by
voluntary choice, and by the declaration of the Ordi
nary (211). Clerics in major orders, who have re
turned to the lay state by permission, or who have been
reduced to it, must obtain permission of the Holy See
if they wish to return to the clerical state (212) .

96. Closed Season. The solemn blessing of marriage is
forbidden from the first Sunday in Advent to Christ
mas inclusively, and from Ash Wednesday to Easter
Sunday inclusively (1108).

97. Coadjutor Bishop. A Coadjutor Bishop is given by
the Pope to a Bishop or to a see with the right of suc
cession (350). The rights of a Coadjutor to a Bishop
are defined by his letters of appointment. He ought
to be willing to do whatever his Bishop may request of
him (351). A Coadjutor to a see may exercise all
episcopal powers, excepting ordination (352). He
must live in the diocese and obtain the permission of
his Bishop to leave for any length of time (354). He
must show his letters of appointment on entering the
diocese (353) and becomes the Ordinary of the diocese
on the death of his Bishop as soon as he takes pos-

A DICTIONARY OF CANON LAW 43

session (355) . He may be sent by his Bishop to repre
sent him at a plenary council (282, 1), at a provin
cial council (286, 1), and also at episcopal conferences
(292).

98. Code. The Code of Canon Law is obligatory in the
Latin Church (1). It defines nothing on liturgical
subjects (2) and does not change any special agree
ments or concordats established between various na
tions and the Holy See (3). Unless expressly stated
it does not abrogate any acquired rights, privileges,
and indults (4). Immemorial customs at variance
with the Code are abolished only when it explicitly dis
approves of them (5). Unless otherwise stated it abol
ishes all laws published prior to the Code (6, 1) unless
they are explicitly or implicitly contained in the Code
(6, 6).

99. Cohabitation. Cohabitation after the marriage cere
mony has taken place establishes a presumption of
consummation (1015, 2).

100. Collection of Roman Decrees. The collections of
the decrees of the Koman Congregations cannot be pub
lished anew without the supervision and permission
of the Moderators of the respective Congregations
(1389).

101. Communication. It is forbidden to the faithful in
any way to take part in the services of non-Catholics

44 A DICTIONARY OF CANON LAW

(1258, 1). Excommunicated persons have no right to
assist at the divine services for the faithful (2259, 2)
or to receive the sacraments (2260, 1). Whoever takes
part in heretical worship is suspected of heresy (2316).
Clerics communicating with a person under major ex
communication incur excommunication reserved to the
Holy See (2338, 2). The faithful should avoid deal
ing even in profane things with persons under major
excommunication (2267). In future religious Orders
no longer communicate in the privileges granted to
others (613, 1).

102. Communion. Frequent Communion is to be fos
tered among the laity (863) and especially among re
ligious (595, 2). The Ordinary may forbid Com
munion to a person guilty of a grave fault (1956). A
religious superior may do the same to a subject
(595, 3). Frequent communicants may gain all indul
gences except that of jubilees with actual confession
once in two weeks (931, 3). Communion may be re
ceived no more than once a day (857). It may be
distributed on all days, excepting Good Friday and be
fore the services on Holy Saturday. It should ordi-
naHly be distributed only at Mass time. Viaticum
may be given any day or hour (867). Holy Com
munion may be distributed wherever Mass may be
said, excepting in private oratories or in places for
bidden by the Ordinary (869). The priest is the
ordinary dispenser of Holy Communion (845, 1) ;

A DICTIONARY OF CANON LAW 45

the deacon the extraordinary minister (845, 2), who
may distribute it both during and outside of Mass
(846) according to his rite (851, 1) under the form
of bread (852). Any priest may carry it privately to
the sick (849). Children who are ignorant of the
truths necessary for salvation (854, 1) and public sin
ners are to be refused Holy Communion (855, 1).
Those who are in mortal sin (856), who have received
(857) or who are not fasting (858) should not receive.
All are bound to receive at Easter time (859, 1), in
danger of death (864, 1), and when receiving major or
ders (1005). Those who are being married should re
ceive (1033). All the faithful have permission to re
ceive under any rite (866). All who have come to the
age of discretion must receive during the paschal time
(859,1), which begins on the Sunday before and ends
on the Sunday after Easter. The Bishop may extend
this time from the fourth Sunday in Lent to Trinity
Sunday (859, 2). The paschal obligation binds even
after the time has elapsed, until it is fulfilled (859, 4).
It is not fulfilled by a sacrilegious Communion (861).
In regard to children, the paschal precept binds also
those who have care of them: parents, tutors, confes
sors, teachers, and pastor (860). The Easter Com
munion may be received in any rite or church (866).

103. Community Life. Community life among secular
priests is to be praised (.1.34) . It is to be sacredly kept
by religious (594, 1), especially in the house of studies

46 A DICTIONARY OF CANON LAW

(587, 2) . Religious who violate it gravely, after being
warned, are to be severely punished by the superior
even by depriving them of active and passive voice
(2389).

104. Commutation. The good work promised in a non-
reserved vow can be commuted into a better or an
equal one by the person who made the vow. It can
be changed into a lesser work only by one having the
power to dispense (1314). In the application of a
penalty the judge cannot augment the penalty speci
fied by law, but may commute it into a lesser one when
the circumstances permit (2223).

105. Compensation. Mutual injury is considered a
compensation (2218, 3).

106. Competency. If any controversy arises about the
competency of the Sacred Congregations, tribunals, or
offices of the Roman Curia, a committee of Cardinals
appointed by the Pope will decide it (245). The com
petency of the Ordinary is defined in the Code (1560-
1568). Matrimonial cases between baptized persons
belong exclusively to the ecclesiastical court (1960).
Cases concerning only the civil effects of marriage per
tain to the civil court (1961).

107. Compromise. To avoid a judicial trial the inter
ested parties may enter into an agreement by which th<

A DICTIONARY OF CANON LAW 47

settlement of their case is left to the judgment of one or
more, who will dispose of it according to law, or settle
it according to the rules of equity (1929).

108. Concordats. Special agreements arranged between
the Holy See and various nations are not abrogated
by the new Code (3).

109. Concubinage. Any one publicly living in concu
binage shall be excluded from all legitimate ^cclesiasti-
cal acts until he has repented and amended his life
(2357, 3). If a priest, he shall be suspended, deprived
of his parish, and of every ecclesiastical support
(2177). From public concubinage arises the impedi
ment of public propriety, which invalidates marriage
in the direct line only to the second degree inclusive
(1078).

110. Concursus. The form of appointing pastors by
concursus shall be retained where it has been estab
lished (459, 4). Those who have the right of patron
age can present only such candidates as have passed
the concursus (1462).

111. Condition. Conditions demanded in a rescript
are essential for its validity, excepting in a " motu
proprio " rescript or one granting a dispensation
from marriage impediments of lesser degree (39, 40).
Conditions added to a marriage consent may render it

48 A DICTIONARY OF CANON LAW

invalid or suspend its validity (1092). If a Catholic
adds the condition to his marriage consent that he will
have his children baptized and raised as non-Catholics
he is to be suspected of heresy and is excommunicated
by the law (2319).

112. Conferences, Diocesan. Diocesan conferences
should be held repeatedly each year. All priests ex
ercising their faculties must attend them (131). The
dean should preside (448, 1). These conferences
should be held in every community of priests at least
once a month (591). Priests who obstinately absent
themselves from the diocesan conferences shall be pun
ished by the Ordinary. If they are religious, he may
revoke their faculties of hearing confession (2377).

113. Conferences, Episcopal. A conference of the
Bishops of each province is to be held at least every
five years, to consider what is to be done to promote
the welfare of religion, and to prepare matter for the
next Provincial Council (292).

114. Confession, Annual. All Catholics who have come
to the use of reason, must confess their (mortal) sins
truthfully at least once a year (906). A sacrilegious
confession does not satisfy this precept (907).

115. Confession, Judicial. Any statement made in
court detrimental to one's self or favorable to one's
opponent is called a judicial confession (1750). A

A DICTIONARY OF CANON LAW 49

judicial confession, freely and deliberately made by
one in a private affair, frees the other from the burden
of proving the point (1751). The person who made
a judicial confession cannot contradict his statement
unless he can prove that his confession was erroneous
(1752).

116. Confession, Sacramental. Sacramental confes
sion is necessary for mortal sins committed since the
reception of baptism that have not yet been forgiven
in a good confession (901). Mortal sins that have
been forgiven and venial sins may be confessed (902).
Religious and seminarians should go to confession at
least once a week (595, 1, 3; 1367, 2). To gain the
indulgence of some feast the prescribed confession
may be made eight days preceding the feast (931, 1).
Any one in mortal sin must go to confession before
receiving Holy Communion (856), celebrating Mass
(807), or being married (1033). The confession must
be made to a duly authorized priest (of any rite)
(905), but in danger of death it may be validly and
licitly made to a priest not approved, even when a
duly authorized priest is present (882). Novices and
seminarians should not confess to their master, socius
or rector (891, 1383). Confession may be made
through an interpreter (903). Pastors and others
having the care of souls are bound in justice to hear
the confession of their subjects. Other priests are
bound in charity to hear the faithful (892).

50 A DICTIONARY OF CANON LAW

117. Confessional. The confessional should be placed in
a conspicuous place in the church or oratory, and have
a grate between the confessor and the penitent (909).
Excepting cases of necessity, the confession of women
should not be heard outside the confessional, though
men may be heard in private homes (910).

118. Confessor, Extraordinary. Every religious com
munity of lay men and women (521, 528) shall have
an extraordinary confessor at least four times a year.
The Ordinary shall also appoint a number of priests to
whom the religious may go to confession on special
occasions (521). Besides, religious may go to the con
fessional of any duly authorized priest and confess
their sins (522). When seriously ill, they may ask
for any duly authorized priest to hear their confession
(523).

119. Confessor, Jurisdiction of. The priest is the
minister of the Sacrament of Penance (871). Besides
the power of orders, the confessor needs the power of
jurisdiction (872). The Pope and the Cardinals have
ordinary jurisdiction for the entire Church, and the
Bishop in his diocese. Exempt religious superiors
have the same for their subjects (873). Delegated
jurisdiction is given to all duly authorized priests.
Keligious should not use it without the permission of
their superiors (874). Exempt religious priests and
other priests may be delegated by their superiors to

A DICTIONARY OF CANON LAW 51

hear the members of their own Order (875). All
priests must be delegated by the Ordinary to hear the
confession of any religious not of their own order
(876). Delegated jurisdiction shall not be withdrawn
without a grave reason (880). Any priest has juris
diction to hear the confession of a person in danger of
death (882).

120. Confessor, Minister. The priest is the minister
of justice and of mercy in the confessional (888).
Where there is no doubt about the penitent 's good dis
position he must be absolved (886). The sacramental
penance should be proportionate to the guilt and dis
position of the penitent (887). The seal of confession
binds all who hear it (889, 2). To guard it the con
fessor must abstain from every word or sign that might
betray the sinner (889, .1). He can make no use of
knowledge acquired by hearing confessions as long as
it is disagreeable to the penitent (890, 1). He cannot
use this knowledge in the government of his subjects
(890, 2), nor on the witness stand (1757, 3, 2; 2027, 2,
1). Confessors must make their profession of faith
every year, or at least at the beginning of their office
(1406, 1, 7). Pastors are bound in justice, other
priests in charity, to hear confessions (892). A con
fessor may also hear persons of another rite (905).

121. Confessor of Religious. In every house of clerical
religious several lawfully approved confessors shall be

52 A DICTIONARY OF CANON LAW

appointed with the faculty of absolving also from the
reserved cases of the Order. Superiors may hear the
confession of subjects, but should do so only by way of
exception. They must beware against inviting the
subjects to come to confession to them (518). Re
ligious should confess to their regular confessor at
stated times as denned in their constitutions, but if
they confess to a priest approved only by the Ordinary
their confession is both valid and licit, as though made
to a priest of their Order (519). In every convent
of religious women (520) and of religious lay men
(528) an ordinary confessor shall be appointed by the
Bishop (520, 1). If some religious, for the good of
her soul, should desire a special confessor, the Ordi
nary shall readily grant her request (520, 2). The
confessor of religious should be an exemplary, prudent
man of forty years of age (524, 1). The ordinary con
fessor should not exercise his office for more than three
years unless the Bishop reappoirits him on account of a
scarcity of priests, or the majority of the sisters desire
to retain him (526). If a convent of religious women
is under the immediate jurisdiction of the Pope or the
Bishop, the latter appoints both the ordinary and the
extraordinary confessor for it. If it is subject to a
regular superior, the latter may present a confessor
for the approbation of the Ordinary (525).

122. Confirmation. The Bishop is the ordinary mini
ster of Confirmation, but the Holy See may grant a

A DICTIONARY OF CANON LAW 53

priest the faculty of giving it (782). The Bishop
should give it to all who ask for it, especially at the
time of his visitation (785). To receive Confirmation
worthily, a Catholic must be in the state of grace and
sufficiently instructed in his religion (786). Al
though Confirmation is not a means necessary to salva
tion pastors should instruct the people not to neglect
it (787). In the Latin Church Confirmation should
be given to children when they come to the use of
reason, unless there is a cause for giving it earlier
(788). Those to be confirmed should be present at the
first imposition of hands, and should not depart before
the end of the ceremony (789). Confirmation may be
administered any time of the year (790), in any church
or becoming place (791) . A sponsor is to be employed
(793), one for each person confirmed (794), who has
arrived at the use of reason, is confirmed, a practical
Catholic, and of the same sex as the person confirmed
(795-796). The sponsor contracts a spiritual rela
tionship and the obligation, as in baptism (797). The
names of the persons confirmed, their parents and
sponsors, and of the officiating Bishop are to be re
corded in the baptismal register (798).

123. Confraternities. Confraternities are sodalities
erected to promote divine worship (707). They are
erected by a formal decree (708). To take part in a
body at sacred functions the members must wear their
insignia (709). There should be only one confra-

54 A DICTIONARY OF CANON LAW

ternity of the same name in the same town (711).
Confraternities should be attached to a church or ora
tory (712), not charge admission (714), and keep their
accounts separate from that of the parish (717).
(See Associations.)

124. Congregation, Religious. A Congregation is a re
ligious society in which the members take simple vows
for a time or for life (488, 2). A Bishop may found a
Congregation with the approbation of the Holy See
(492, 1). The law of enclosure shall be observed in
all houses of religious Congregations (604, 1). After
the completion of their novitiate the novices must take
temporary vows at least for three years before they
are admitted to perpetual vows, unless the constitu
tions demand yearly profession (574). (See Regu
lars, Religious.)

125. Congregations, Roman. The Roman Curia con
sists principally of eleven Congregations between
whom the work of the Curia is divided. Each Congre
gation consists of a number of Cardinals and assisting
priests (246). The Congregation of the Holy Office
(Sarif Uffizio) guards faith and morals (247). The
Consistorial Congregation appoints Bishops and re
ceives their reports (248). The Congregation of the
Sacraments regulates the administration of the Sacra
ments (249). The Congregation of the Council pre
sides over the discipline of the secular clergy and the

A DICTIONARY OF CANON LAW 55

laity (250). The Congregation of Religious has juris
diction over Religious Orders (251). The Congrega
tion of the Propagation of the Faith has jurisdiction
over the Church in missionary countries (252). The
Congregation of Rites has authority over sacred rites
and ceremonies of the Latin Rite and the canonization
of saints (253). The Ceremonial Congregation regu
lates the ceremonies of the pontifical chapel and the
papal court (254). The Congregation for Extraor
dinary Affairs establishes new dioceses and makes
agreements with various nations (255). The Congre
gation for Seminary and University Studies has juris
diction over the government, discipline, administra
tion and studies in seminaries (256). And the Con
gregation for the Oriental Church has jurisdiction over
persons and rites of the Oriental Churches (257).
In the Code these Congregations are referred to under
the name Holy See (7). Appeal may be had to them
from the decrees of the Ordinary (1601).

126. Conjugicide. Conjugicide establishes a diriment
impediment to the marriage of those who commit it
(1075, 2-3).

127. Consanguinity. Consanguinity is measured by
lines and degrees. In the direct line there are as many
degrees as generations. In the collateral lines there
are as many degrees as there are generations in the
longest line (96). Consanguinity establishes a diri-

56 A DICTIONARY OF CANON LAW

ment impediment between all persons in the direct
line, and between persons related to the third degree
inclusive of the collateral line (1076). The latter is
classed as an impediment of a minor degree (1042, 2,
1). Where it exists and a marriage is contracted
without a dispensation, the Ordinary may declare
that marriage void (1990).

128. Consecration. Without a special indult no one
but a Bishop can consecrate (1147, 1). The formula
prescribed by the Church must be followed in consecra
tions (1148). Consecrated articles should be treated
reverently (1149). In selling a consecrated article
no increase in the price can be made on account of the
consecration (1539, 1). (See Altar, Bells, Church,
Bishop, Place.)

129. Consent, Matrimonial. Matrimonial consent is an
act of the will by which the contracting parties mutu
ally give and accept the perpetual and exclusive right
to their bodies for acts that may generate children
(1081, 2). This consent cannot be validly given un
less the contracting parties know at least that marriage
is a permanent union between a man and a woman for
the purpose of procreation (1082, 1). The in
ternal consent of the will is always presumed to cor
respond with the words or signs by which consent is
manifested in the celebration of marriage (1086, 1).
The matrimonial consent may be rendered invalid by
error concerning the person one is marrying, by error

A DICTIONARY OF CANON LAW 57

concerning a quality of that individual, which amounts
to an error of the person, and error regarding the
condition of the person e. y., a free citizen marries a
slave whom he presumes to be free (1083). Error
. about the unity, indissolubility, or sacramental dignity
of marriage does not vitiate the contract (1084).
Knowledge or opinion of the nullity of marriage does
not necessarily exclude matrimonial consent (1085).
If one or both parties by a positive act of the will ex
clude marriage itself, or all right to the conjugal act,
or any of the essential qualities of marriage, they con
tract invalidly (1086, 2). Besides, the matrimonial
consent may be rendered invalid by grave fear or
force brought to bear unjustly upon one of the con
tracting parties by which he was forced to choose mar
riage to free himself from a difficulty (1087).
Finally, the matrimonial consent may be rendered in
valid by a condition added to the consent and not re
tracted, e.g., if it is of the future and against the
essence of marriage, or if it is of the past or present
and is not realized (1092). The matrimonial consent
is to be expressed in words. Signs may be used by
those who cannot speak (1088, 2). Marriage may also
be contracted through an interpreter (1090) or by
proxy in case of necessity (1091).

130. Consent of Consultors. When the law requires a
Superior to obtain the consent of his consultors, his
action is invalid without it t( 3.05, 1).

58 A DICTIONARY OF CANON LAW

131. Constitutions, Religious. Rules and particular
constitutions of religious which are opposed to the
canons of the Code are abrogated (489). The con
stitutions should be observed alike by superiors and
subjects (593). At least once a year the constitutions
and the prescribed papal decrees should be publicly
read (509, 2). When approved by the Holy See they
cannot be changed by the Ordinary (618, 2, 1).

132. "Consultors, Diocesan. In dioceses without cathe
dral chapters of canons the Bishop shall appoint as
diocesan consultors priests who are men of piety, vir
tue, learning and prudence (423). There should be
six, or at least four diocesan consultors, and all should
reside in the episcopal city or its vicinity. Before
entering on their office they shall swear to perform
their duties faithfully without human respect (425).
They are appointed for three years, when they may
be reappointed or others placed in their stead. They
shall not be removed during their term without a just
cause (428). Taking the place of the cathedral chap
ters as the council of the Bishop they take the same
part in the government of the diocese (427). They
must assist at the diocesan synods and provincial
councils (358, 286). Vicars and Prefects Apostolic
should form a Council of at least three of the older
and more prudent missionaries, whom they should con
sult at least in more difficult affairs (302).

A DICTIONARY OF CANON LAW 59

133. Consultors, Parish. Parish consultors are clerics
or lay men who act as an administrative council to
the pastor in managing the temporalities of the parish.
They are chosen by the Ordinary and may be removed
only for grave reasons (1183). They are to care for
the proper administration of church revenues but may
not interfere in the spiritual affairs of the parish
(1184).

134. Consultors, Religious. The superior general, the
provincial, and the local superior of religious shall have
their consultors, whose consent or advice they must
have to act in accordance with their constitutions and
the sacred canons (516, 1).

135. Contracts. The civil law on contracts and pay
ments is to be followed in canon law concerning ecclesi
astical goods, unless otherwise stated in canon law
(1529, 1533). If a legal body, or one of its mem
bers, contracts a debt with the permission of the su
perior the legal body is held to the contract. If an
individual member without permission of the superior
contracts a debt he alone is held to the contract, and
may be sued for damages by the one who suffered from
the contract (536).

136. Contumacy. Contumacy is necessary to incur a
censure (2242). Contumacy in court establishes a

60 A DICTIONARY OF CANON LAW

presumption against the person guilty of it (1729), on
which the judge may proceed and pass sentence (1844)
and assess the costs and expenses on the contumacious
party (1851). And the guilty party cannot appeal
until he has cleared himself of contumacy (1880, 8).

137. Conversion. The Catholic, married to a non-Catho
lic, is bound prudently to promote the conversion of the
non-Catholic partner (1062). With the consent of the
Holy See Bishops may convert pious funds to more
useful purposes (1494).

138. Convocation. The presiding officer of a body
shall duly convoke all members for an election (162).
To convoke and preside at a meeting of the chapter is
the right of the senior member (397, 4). For an
ordinary meeting no convocation is required (411, 2).

139. Corner=Stone. The blessing of the corner-stone
of a new church is reserved to the Ordinary for dio
cesan churches, and to the superior if it is a church of
an exempt community (1163, 1156).

140. Corporals. Corporals used at Mass should be
touched only by clerics or those who have care of
them. Before they are given to the laity to be washed,
they must first be washed by a cleric in major orders,
and the water of this washing must be cast into the
sacrarium or the fire (1306).

A DICTIONARY OF CANON LAW 61

141. Corpses of the Faithful. The corpses of the faith
ful are to be buried (1203) after a reasonable time
(1213) in a blessed cemetery. Only prelates may be
buried in the sanctuary and then one metre from the
altar (1205). The bodies are to be brought to the
church for services (1215) and accompanied by the
priest to the cemetery (1231, 2). The body of a lay
person is not to be carried by priests (1233, 4). A
corpse once duly buried is not to be exhumed without
permission of the Ordinary (1214, 1).

142. Corrupters. All who attempt to corrupt ecclesi
astical officials by gifts or promises shall be punished
according to their guilt and compelled to repair any
damage done (2407). Corrupters of youth by the
fact become infamous and may be excommunicated by
the Bishop (2357).

143. Council, General. A General Council is con
voked by the Pope, presided over by him or by his
legate, governed and dissolved by him. And its de
crees are ratified by him (222). All Cardinals, Patri
archs, Primates, Archbishops, Bishops, Abbots and
General Superiors of religious Orders and Congrega
tions of clerics are invited to the Council and have
the right to vote at its deliberations (223). The de
crees of the Council receive their binding force from
the approbation and promulgation of His Holiness
the Pope (227).

62 A DICTIONARY OF CANON LAW

144. Council, Plenary. With the permission of the
Pope the Bishops of a country may assemble in plenary
Council. This council is convoked and presided over
by a papal Legate (281). All Archbishops, Bishops,
Apostolic Administrators, Abbots Nullius, Vicars
Apostolic, Prefects Apostolic, and Vicars Capitular
have a right to vote at its deliberations (282).

145. Council, Provincial. In every ecclesiastical prov
ince, a Provincial Council is to be held at least every
twenty years (283). The Archbishop, or in his ab
sence the senior Bishop of the province, first obtains
permission of the Holy See to hold the council, then de
cides on the place within the province where the coun
cil is to be held, convokes it, and presides at it (284).
Archbishops who have no suffragans, Bishops who have
no Metropolitans, and Abbots Nullius should join some
adjacent province and take part in its councils (285).
The Archbishops, Bishops, and others who have the
right to vote at Plenary Councils have the same right
here (286). After a plenary or provincial council has
been opened no one obliged to attend same can leave
without a grave reason approved by the presiding Prel
ate (289). The cathedral chapter or the diocesan con-
suitors are invited to send a delegation of two men,
and the superiors of monasteries and provincial su
periors of Congregations should be invited to attend,
but neither class has a deliberative vote (286, 3-4).

A DICTIONARY OF CANON LAW 63

146. Court. Ecclesiastical matters are subject to the
ecclesiastical court (1353). Any person who, without
permission of the Holy See, cites a Cardinal, Papal
Legate, major official of the Roman Curia, or his own
Ordinary before the civil court incurs excommunica
tion specially reserved to the Holy See. Any cleric
who sues a priest or religious in the civil court without
permission of the Ordinary is suspended. Any lay
man who does this shall be justly punished by the Ordi
nary (2314).

147. Cremation. Cremation is to be reprobated (1203,
1). To wish it is unlawful, and to stipulate it in one's
will must be considered as not binding, when Catholic
funeral services are to be held (1203, 2). Whoever
while living commands his body to be cremated shall
be denied ecclesiastical burial (1240, 1, 5). Any one
who would force a priest to give such a one ecclesiasti
cal burial is thereby excommunicated (2339).

148. Crime, Impediment. The impediment of crime in
validates marriage with the accomplice of the crime
(1075).

149. Crime of Falsifying. All who forge papal docu
ments or knowingly use forged papal documents, incur
excommunication specially reserved to the Holy See
(2360). If any one falsely accuses a confessor of

64 A DICTIONARY OF CANON LAW

solicitation, he incurs excommunication specially re
served to the Holy See, and must formally retract be
fore he can be forgiven (2363).

150. Criminals. Public criminals cannot be sponsors
at baptism (766, 2) nor at confirmation (796, 3).

151. Cult. We worship the Blessed Trinity, Father,
Son, Holy Ghost, the God-Man Jesus Christ in heaven
and in the Blessed Sacrament, with the cult of adora
tion. We honor the Blessed Virgin as the masterpiece
of God, and the angels and saints as the friends of
God in heaven. Sacred relics and pictures we honor
with a relative cult that centers on the persons of the
saints (1255). When this reverence is paid in the
name of the Church, it is called public, otherwise
private (1256). The public cult of the Church is
regulated by her liturgy, and this is established by the
Holy See (1257). The Ordinaries must watch over
and regulate the public worship in their dioceses
(1261). At divine worship the women should be sepa
rated from the men, and be modestly dressed with
heads covered, while the men should assist with un
covered heads (1262). When there are not enough
pews to accommodate the faithful, the Ordinary should
not permit any one to have a pew reserved for himself
(1263). The liturgical laws concerning sacred music
must be observed (1264).

A DICTIONARY OF CANON LAW 65

152. Cumulation. A cumulation of marriage impedi
ments may be dispensed from (1043; 1049, 1).

Ordinarily a cumulation of the causes of the martyrs
is not allowed (2001).

153. Curia, Diocesan. The Diocesan Curia consists of
those persons who assist the Bishop in the government
of the diocese. To the Curia belong the vicar gen
eral, the chancellor, the promoter of justice, the de-
fensor vinculi, the synodal judges and examiners, the
parochial consultors, the auditors, the notaries, the
cursors and the apparitors (363). They are to be ap
pointed in writing, take an oath before the Bishop that
they will faithfully discharge their office, transact their
respective duties in subordination to the Bishop and
according to law, and observe secrecy as defined by
law or the command of the Bishop (364).

154. Curia, Roman. The Roman Curia is composed of
the Sacred Congregations, Tribunals, and Offices that
aid the Pope in the government of the Church (242
ff.). (See Congregations, Tribunals, Offices.)

155. Custom. Customs disapproved by the Code or at
variance with it are suppressed (5). For a custom to
assume the force of law in the Church it must have
the consent of the competent ecclesiastical superior
(25). Only communities that are governed by law can

66 A DICTIONARY OF CANON LAW

induce customs with the force of law (26). No cus
tom can abrogate or modify a natural or positive
divine law. To modify an ecclesiastical law a custom
must be reasonable and lawfully prescribed by an un
interrupted usage of at least forty years. A custom
which is explicitly disapproved of in the law is un
reasonable (27). Custom is the best interpreter of
laws (29).

156. Danger. Laws passed to safeguard against com
mon danger bind even when there is no particular
danger (21). The Viaticum must be received in
danger of death (864) . In danger of death any priest
may absolve from all sins and censures (882).

157. Dataria Apostolica. The Apostolic Dataria is an
Office of the Roman Curia which has charge of the
minor benefices and pensions reserved to the Holy See.
It must also investigate the qualifications of the candi
dates to these positions (261).

158. Day. A day consists of twenty-four consecutive
hours, to be counted from midnight to midnight (31).

159. Deacon. A man to be ordained deacon must have
completed his twenty-second year (975) and have be
gun his fourth year in theology (976, 2). He may be
authorized to preach (1342, 1) and is the extraor
dinary minister of solemn baptism (741) and Holy

A DICTIONARY OF CANON LAW 67

Communion (845, 2). He may expose the Blessed
Sacrament, but not give the benediction (1274, 2).
He may impart only those benedictions which the
liturgy permits him (1147, 4).

160. Dead. Indulgences may be applied to the dead by
way of suffrage (911). All indulgences are applicable
to the dead, unless stated otherwise (930).

161. Dean. A dean is a priest appointed by the Bishop
to preside over a deanery (445). He should be a
worthy priest and a pastor (446). A dean has the
right and duty to watch over the clergy of his district,
to see that they fulfil the orders of the Bishop, and
observe the liturgical and canon laws. He should visit
his priests, especially in time of sickness, and provide
temporal and spiritual assistance, and Christian
burial for them (447). He summons the conference
of the deanery and presides at it (448) . At least once
a year he ought to make report to the Bishop (449).
He precedes all the priests of his district, and should
have a seal proper to the deanery (450).

162. Deaneries. The Bishop should divide his diocese
into regions or districts consisting of several parishes,
which are called deaneries (217).

163. Debility of Mind. Debility of mind decreases the
guilt (2201, 4) and may excuse from censures (2229,
3,2).

68 A DICTIONARY OF CANON LAW

164. Debts. Those who have debts may not licitly be
admitted to the novitiate (542, 2). If a religious con
tracts a debt with the permission of the superior the
community is responsible for it. If he personally con
tracts a debt without the permission of the superior,
neither the Order, nor the province, nor the house is
responsible for it (536, 2-3). In the division of the
territory of a legal ecclesiastical person, the debts con
tracted for that territory shall be proportionately
divided (1500).

165. Deceit. Renunciation of a benefice, brought about
by deceit, is invalid (185). Those who are induced to
enter the novitiate by deceit, enter invalidly (542, 1)
and their profession is invalid (572, 1, 4). An action
entered into through deceit may be rescinded and in
demnity obtained (1684).

166. Declaration of Nullity of an Act. If an act is

invalid the interested party has grounds to have it de
clared invalid by the court (1679). Whoever per
forms an act that is invalid is held to indemnify the
injured party (1681).

167. Declaration of Nullity of Marriage. Where there
is documentary evidence of the nullity of a marriage
the Ordinary may declare the marriage invalid with
out the formality of a trial (1990). After the nullity
of a marriage has been declared a second time and the

A DICTIONARY OF CANON LAW 69

defensor vinculi does not appeal the case the inter
ested parties may marry after ten days (1987). The
Ordinary shall have the decree of nullity entered into
the matrimonial register (1988).

168. Decrees, Judicial. All judicial pronouncements
that are not interlocutory or definitive sentences are
called decrees (1868) . They may be intimated by mes
senger (1591, 1). There is no appeal from these de
crees (1880, 6).

169. Decrees of Councils. The decrees of a general
council receive their binding force for the Church
from the confirmation and promulgation of the Pope
(227). The decrees of plenary and provincial coun
cils are to be sent to the Congregation of the Council
for revision, after which the Fathers of the Council
will promulgate them for their respective territories
(291).

170. Decrees of Ordinary. Decrees which concern the
external forum should be in writing (56). From the
decrees of the Visitator an appeal in devolutivo is al
lowed (345) unless the Visitator has judiciary power
(513). The removal of a pastor is made known to
him by a decree (2152). He may claim a rehearing
within ten days (2153). The decree of suspension ex
informata conscientia need not be formal (2187). If
the guilty cleric appeals from it the Ordinary must

70 A DICTIONARY OF CANON LAW

forward the evidence on which he based his decree
to the Holy See (2194).

171. Decrees, Roman. Roman decrees are to be edited
under the supervision of the Moderators of the Con
gregations (1389). They are promulgated by publica
tion in the Acta Apostolicae Sedis (9). Every su
perior should inculcate their observance among his
subjects (509, 1). Religious superiors should have
those decrees which concern religious read publicly
every year (509, 2).

172. Dedication of Church (see Church).

173. Defensor Vinculi. A Defensor Vinculi is to be
appointed in every diocese by the Ordinary to defend
the bonds of Holy Orders and Matrimony before the
diocesan court (1586). He should be a priest of in
tegrity, well versed in canon law, known for his pru
dence and justice (1589, 1). In cases where his pres
ence is required the procedure is invalid without it
(1587).

174. Degradation. Degradation is a punitive penalty
inflicted on clerics (2298, 12). It includes deposition,
perpetual privation of the ecclesiastical garb, and re
duction of the cleric to the lay state (2305, 1). It can
be inflicted only for a crime to which the law attaches
such a penalty (2305,2).

A DICTIONARY OF CANON LAW 71

175. Degrees. Degrees in ecclesiastical institutions of
learning are subject to the Sacred Congregation for
Seminary and University Studies. In exceptional
cases they are granted directly by it (256).

176. Delegate. A delegate receives his commission from
one having ordinary power (197). He acts invalidly
if he exceeds the bounds of his mandate (203). If he
is delegated by the Holy See he may subdelegate, other
wise he can do so only by special concession (199). A
delegate exhausts his power by carrying out his com
mission, or by the lapse of time for which he was com
missioned (207).

177. Delegate, Papal. The Pope has the power to send
his Legates to any part of the world (265). A Legate
is called a latere when a Cardinal is sent to imper
sonate the Pope (266). He is called Nuntius or In-
ternuntius, when he is the permanent legate to a civil
government, and Delegate Apostolic when he does
not stand in any official relation to the government
but only reports to the JPope on the condition of the
Church. A Legate always has special faculties dele
gated to him by the Holy See (267). Legates do not
interfere with the jurisdiction of the Ordinaries,
though they precede all Ordinaries except Cardinals
(269).

178. Delegation for Marriage. The Bishop in his
diocese and the pastor in his parish may delegate a

72 A DICTIONARY OF CANON LAW

priest validly to assist at a marriage (1095, 2). This
delegation must be to a specified priest for a specified
marriage (1096).

179. Delinquents. The Church has a divine right to
punish her guilty subjects with both spiritual and
temporal penalties. Bishops should treat their sub
jects with the patience and kindness of a parent for
his children, and thereby influence them to strive after
virtue and desist from vice (2214). The Church
punishes delinquents with corrective, punitive, and
penitential punishments (2216).

180. Demoniacal Possession. Those who were or are
possessed t>y the devil incur the impediment of irregu
larity (984, 3).

181. Denunciation. Clerics and religious who join the
Free Masons or other similar societies are to be de
nounced to the Sacred Congregation of the Holy Office
(2336, 2). The confessor guilty of solicitation during
confession is to be denounced by the penitent
within a month to the Ordinary or to the Holy Office
(904). A false denunciation of the confessor is a sin
reserved to the Holy See (894).

182. Departure from Religious Life. Departure from
religious life at the expiration of temporary vows is
freely permitted (637). The Pope can secularize re
ligious with papal law, and the Ordinary members of

A DICTIONARY OF CANON LAW 73

diocesan congregations (638). A person who is secu
larized by the Pope shares in the spiritual privileges
of his Order and becomes subject to the Bishop by his
vow of obedience (639). A religious priest who
leaves the Order, after having made perpetual vows,
cannot exercise his major orders until he has found a
Bishop to receive him (641). A secularized religious
cannot receive a benefice in the cathedral, teach in a
seminary, or fill a position on the diocesan Curia (642).
Religious who leave their Order, are secularized, or
dismissed, cannot ask for compensation (643). A re
ligious who unlawfully leaves the Order with the in
tention of not returning is an apostate. One who
leaves unlawfully with the intention of returning is a
fugitive (644). Superiors have the duty of searching
for apostates and fugitives and of receiving them back
if they return with true repentance (645).

183. Deposition of a Cleric. Deposition imports sus
pension from office as well as inability for pro
motion to any position in the Church, and the
privation of every office which the guilty cleric actually
has, even though he was ordained under their title.
All the obligations of the cleric bind him in his de
posed condition. Deposition can be inflicted only for
cases expressed in law (2303).

184. Desecration of Churches. Churches are dese
crated by the following certain, notorious crimes com-

74 A DICTIONARY OF CANON LAW

mitted therein : homicide, sinful and profane shedding
of blood, using it for godless and sordid purposes,
burial of an infidel or of an excommunicated person
(1172). It is forbidden to hold divine services, to ad
minister any sacraments or to hold funeral services in
a desecrated Church before it is reconciled (1173).
A church that had been blessed may be reconciled by
the pastor or another priest delegated by him. A
church that had been consecrated may be reconciled
by the Bishop or a priest delegated by him (1176).

185. Dimissorial Letters. A cleric that is ordained
by any one but his Ordinary must have dimissorial
letters from his Ordinary (958). The dimissorial
letters may be sent to any Bishop of the same rite
in communion with the Holy See (961). They may be
limited or revoked by the person who issued them as
well as by his successor (963). Exempt religious may
obtain dimissorial letters from their local superior for
tonsure and minor orders; for the lawful resumption
of major orders they must have dimissorial letters from
their superior general. The dimissorial letters must
be sent to the Ordinary of the diocese in which the
religious to be ordained lives (964).

186. Diocese. The Pope alone can erect ecclesiastical
provinces, dioceses, abbeys nullius, vicariates apostolic,
and prefectures apostolic, change their limits, divide,
unite, or suppress them (215). The territory of each

A DICTIONARY OF CANON LAW 75

diocese shall be divided into distinct territorial sec
tions. Each section shall have its own church to which
the Catholic population of the district shall be as
signed. Such a church is presided over by a rector
as the proper pastor for the necessary care of souls.
The parts or sections of a diocese are called parishes,
those of vicariates and prefectures apostolic are called
quasi-parishes, and the priests assigned to them are
quasi-pastors.

Without the special permission of the Holy See no
new parishes for distinct nationalities, or for classes of
people are to be established (216). The Bishop shall
divide his territory into regions, comprising several
parishes, called deaneries. If this division seems im
possible the Bishop will consult the Holy See, unless
it has already made provision (217).

187. Dismissal of Benefices. Bishops should not per
mit clerics in major orders to give up their benefice
unless they have sufficient income for an honest liv
ing (1484). If a cleric was ordained under the title
of a benefice it would be invalid for him to renounce it
(1485). Neither can Bishops permit the resignation
of a benefice for the benefit of another under a condi
tion which affects the conferring of the benefice or its
revenues (1486).

188. Dismissal of Religious. Religious who apostatize
from the faith, who elope, who marry, are thereby dis-

76 A DICTIONARY OF CANON LAW

missed from their Order (646). Novices may be dis
missed by the superiors for a grave reason (571). Re
ligious with temporary vows may be dismissed by their
major superiors with the consent of their council for
grave reasons (575, 647). A cleric professed for life
in an exempt Order or Congregation, or a cleric or a
lay man or woman professed for life in a non-exempt
Order or Congregation, cannot be dismissed without
a formal process (649). This process consists in be
ing twice admonished; after committing three crimes,
the dismissal of the subject is voted for by a majority
of the consultors (656-662). If there is no amend
ment the superior general will dismiss the subject, if
he is a man, with the final approbation of the Sacred
Congregation of Religious (655-666). In the case of
a sister, who is a member of an Order or Congrega
tion under papal law, the Mother-General shall refer
the matter of dismissal to the Sacred Congregation,
with all the acts and documents for decision (652, 3).
In the case of a solemnly professed sister (of an inde
pendent community) the local Ordinary shall send all
acts and documents to the Sacred Congregation for
final judgment (652, 2). In the case of a sister pro
fessed in a diocesan congregation the Ordinary has
the power to dimiss her after carefully weighing the
evidence (652, 1). A religious who has thus been
dismissed is still bound by the vows and must seek
readmittance (669, 672). If the religious is a cleric
who has been convicted of a crime (646) he is de-

A DICTIONARY OF CANON LAW 77

posed and degraded (670). If he was dismissed for a
lesser fault he remains suspended until he is absolved
and dispensed by the Sacred Congregation, and finds
an Ordinary to receive him (671).

189. Dismissal of Seminarians. Students who are in
corrigible, seditious, wanting in manner arid disposi
tion suitable for the ecclesiastical state, as well as
those who make very little progress in their studies,
are to be dismissed from the seminary (1371). Stu
dents who have been dismissed from one seminary or
religious community are not to be received into
another before the Bishop has thoroughly investi
gated their record and found there is nothing in their
character unbecoming to the sacerdotal state (1363).

190. Disparity of Worship. Disparity of worship
renders marriage invalid between a Catholic and a
person not baptized (1070). The Bishop may declare
the nullity of such a marriage without a process
(1990). When two persons not baptized marry and
one of them later on turns Catholic, their marriage
may under certain conditions be dissolved by the
Pauline privilege (1120, 1). Dispensations from this
impediment are granted by the Congregation of the
Holy Office (247). For a dispensation to be valid,
there must be serious reason for granting it, and the
required promises must be made in writing (1061,
1071).

78 A DICTIONARY OF CANON LAW

191. Dispensation from the Law. In a doubt of fact
the Ordinary may dispense from laws from which the
Pope usually dispenses (15). A dispensation may be
granted by the law-giver, by his successor, by his su
perior, and by his delegate (80). The Pope can dis
pense from the general laws of the Church. Ordi
naries can dispense as delegates of the Pope, or in
an urgent case in which the Pope usually dispenses,
when recourse cannot be had to him (81). Ordinaries
may dispense from diocesan laws, and in particular in
stances and for grave reasons from Provincial and
Plenary laws (82). In special cases and for good
reasons a pastor may dispense individuals and families
subject to him from the laws of fasting and abstinence
(1245, 1). He has no ordinary power of dispensing
(83). A just and reasonable cause is necessary for a
dispensation. If given by one with delegated power
the dispensation would be invalid without this cause.
In doubt about the sufficiency of the cause the dis
pensation may be licitly and validly granted (84).
Both the faculty of dispensing and the dispensation
are to be interpreted strictly (85).

192. Dispensations from Matrimonial Impediments.

No one but the Pope can dispense from matrimonial
impediments unless empowered by the common law
or the Holy See (1040). If the petition for a
dispensation is sent to the Holy See the Ordinary will
not use his faculties excepting in cases that suffer no

A DICTIONARY OF CANON LAW 79

delay (1048). Where major and minor dispensations
are required the Ordinary will ask them from the Holy
See (1050). Dispensations for mixed religion, dis
parity of worship and the Pauline privilege must be
asked from the Holy Office (246, 3). Whoever grants
a dispensation as a delegate of the Holy See must state
that fact in the dispensation (1057).

In urgent danger of death the Ordinary may dis
pense from the form of celebrating marriage, and
from all and every impediment of ecclesiastical law,
excepting when arising from the sacred order of priest
hood and from affinity in the direct line. The usual
precautions must be taken to remove scandal and to
safeguard the religious education of children, when the
dispensation for disparity of worship or mixed religion
is used (1043).

If the Ordinary cannot be approached in a case
of urgent danger of death, then the pastor or another
priest, even though not delegated by him (1098, 2),
and, for the internal forum and in sacramental con
fession, the confessor have the same faculties as the
Bishop (1044).

Under the conditions mentioned in 1043 the Ordi
nary may dispense from all impediments enumerated
in 1043 whenever an impediment is discovered only
after preparations for the marriage have been made,
and the ceremony cannot be delayed until a dis
pensation can be obtained from the Holy See with
out probable danger of great evil (1045, 1). This

80 A DICTIONARY OF CANON LAW

faculty also holds for the validation of a marriage
already contracted, if delay is dangerous and there
is not sufficient time to apply to the Holy See
(1045, 2). In the same circumstances all priests
mentioned in 1044 have the same faculties, but
only in occult cases in which they cannot approach
the Ordinary, or only with danger of violating
the seal of confession (1045, 3). The pastor or priest,
spoken of in 1044, shall at once notify the Ordinary
of the dispensation he has granted in the external
forum, and it shall be entered in the marriage records
(1046).

Whoever has the general indult of dispensing from
a certain impediment may also dispense when that
impediment is multiple. And whoever has the general
indult of dispensing from several kinds of impediments
may also dispense from them though they are public
and occur in one and the same case (1049). If there
occurs an impediment from which he cannot dispense,
along with others from which he can dispense, he
must ask a dispensation from all from the Holy See
(1050). The dispensation from a diriment impedi
ment usually includes the legitimation of the offspring
(1051). A dispensation from consanguinity or affi
nity is valid even if an error about the degree occurred
in the application or in the concession, provided the
degree really existing be inferior to the one mentioned
(1052). A dispensation from a lesser impediment
is not invalidated by a lie in the petition (1054).

A DICTIONARY OF CANON LAW 81

193. Disputations with Non=Catholics. Catholics
should avoid having disputations, especially public
ones, with non-Catholics without the permission of
the Holy See, or in an emergency of the Ordinary
(1325, 3).

194. Divine Office. Clerics in major orders are bound
to say the Divine Office under pain of mortal sin
(135). All religious who have the obligation of the
choir must say the Divine Office if there are four
choir members present. In Orders with solemn vows
the solemnly professed choir members must say the
Divine Office privately if they have been absent from
choir (610).

195. Divine Worship. (See Cult.)

196. Division. The Pope has the power of dividing
dioceses, etc. (215, 1). Dioceses shall be divided by
the Bishop into parishes (216) and into deaneries
(217). The Bishop may divide parishes without the
consent of the pastor or the parishioners, for the
spiritual welfare of the people (1427).

197. Doctors' Rights. Doctors have the right to wear
a ring with a stone and the doctor 's hat. Other things
being equal they are to have the preference in the
distribution of offices and benefits by the Bishop
(1378).

82 A DICTIONARY OF CANON LAW

198. Doctrines, Condemned. Those who obstinately
teach or defend doctrines condemned by the Church,
though not as heretical, are to be kept from preaching,
hearing confessions, and all other offices of teaching
(2317).

199. Documents. Any one who steals, destroys, con
ceals, or substantially alters any document belonging to
the episcopal Curia incurs excommunication reserved
to the Holy See (2405). For admission to the semi
nary the applicant must present documents showing
that he is of legitimate birth, baptized, confirmed, and
of good character (1363, 2). To enter religion copies
of the baptismal and confirmation records of the appli
cant are required (544, 1). For ordination the candi
date must present testimonials of the last order re
ceived, of course completed according to canons, of
good conduct from the seminary authorities, of the
Ordinary in whose diocese the candidate lived for a
time, of permission from the superior general if he
is a member of an Order or a Congregation (993).
For licit marriage the law requires a testimonial of
baptism received (1021) and, if the pastor has reason
to demand it, a testimonial from every place the parties
lived in since they came to the age of puberty, stating
that they are free to marry (1023).

200. Domicile. A domicile is acquired in a parish and
in a diocese by residence with the intention of living

A DICTIONARY OF CANON LAW 83

there permanently unless something calls the person
away, or by actually residing there for ten full years.
A quasi-domicile is acquired by living in a parish or
diocese with the intention of remaining the greater
part of the year, or by actually living there for that
length of time (92). The wife necessarily shares the
domicile of her husband, the insane that of his guard
ian, the minor that of his parent or guardian. A child
of seven, and a wife can acquire quasi-domiciles of
their own, while a wife legally separated from her
husband can acquire a domicile of her own (93).
Through domicile and quasi-domicile the faithful ob
tain their proper pastor and Ordinary. Transients
and vagrants, and those who have only a diocesan
domicile or quasi-domicile have their proper pastor in
the one in whose parish they actually stay (94). For
marriage, a month's residence in a parish suffices
for quasi-domicile (1097, 1, 2).

201. Donations. Donations made to rectors of churches
are presumed to be for the church (1330). Prelates
and rectors cannot make donations of the movable
goods of the church (1329). Donations by religious
are made by way of alms or other just cause with the
permission of the superior (537).

202. Doubt. The Church supplies jurisdiction both for
the external and the internal forum not only in com
mon error but also in positive and probable doubt of

84 A DICTIONARY OF CANON LAW

fact as well as of law (209). In doubt of fact the
Ordinary may dispense from the law (15). In doubt
about the sufficiency of the cause a dispensation may
be licitly asked and granted (84, 2). In doubt about
the owner the judge will divide equally between the
claimants (1697, 2). In doubt about the justice of a
punishment, it must be carried out unless an appeal
is taken to a higher court (2219, 2). Matrimony
has the right of law; in doubt it is presumed valid
until proven otherwise (1014).

203. Dowry. (See Novitiate, Dowry.}

204. Drunkenness. Drunkenness reduces the respon
sibility of actions performed in that state unless a
person became drunk to sin with greater abandon
ment (2201, 3). As long as a person is capable of
committing mortal sin in a drunken state he also
incurs the censures attached to it (2229, 3, 2).

205. Duel. Those who die as the result of a duel are
to be denied ecclesiastical burial, unless they have
shown repentance before death (1240, 1, 4)). They
are likewise to be refused all public funeral services,
exequial and anniversary Masses (1241). All who
promote duels in any way incur excommunication
reserved to the Holy See (2351, 1).

206. Easter Communion. (See Communion.)

A DICTIONARY OF CANON LAW 85

207. Editors. Editors who publish forbidden books
incur excommunication specially reserved to the Holy

See (2318).

208. Education for Children. It is a most grave obli
gation of parents to give their children a religious,
moral, physical, and civil education according to their
means, and to provide for their temporal welfare
(1113). If one parent seeks to give the children a
non-Catholic education the other thereby has grounds
for permanent separation according to the judgment
of the Ordinary (1131-1132). Parents who bring up
their children in a non-Catholic denomination incur
excommunication (2319, 1, 4). (See Parents, Pastor,
Schools.)

209. Election. An election is held to fill a vacancy
(161). It must be conducted canonically (160) at
the time, in the place, and in the manner specified
(162). After the -electors have been lawfully con
voked they personally vote, but never by letter or
proxy (163). Each elector has but one vote (164).
No one can vote for himself (170). An election by
compromise is valid (172). The person elected must
accept within eight days (175). A majority of votes
for the first two ballots, and a plurality of votes for
the third ballot is required for election (174, 101).
If an election requires a confirmation it must be asked
within eight days (177).

86 A DICTIONARY OF CANON LAW

The Pope may be elected by acclamation, com
promise, or two-thirds vote of the assembled Cardinals
(Const. Pii PP. X). Cardinals (232) and Bishops are
freely chosen by the Pope (329). Members of the
diocesan Curia, deans (445), pastors (455), and
assistants (471), are chosen by the Bishop (363).

At the election of a superior general of male re
ligious the capitulars must swear they will vote con
scientiously before the election takes place (506, 1).
At the election of a mother superior the Ordinary
presides (506, 2). If the election is of a mother
superior of a diocesan congregation the Ordinary must
confirm or annul the election (506, 4).

210. Enclosure. The enclosure must be observed in all
houses of religious men and women with solemn vows
(597) . No women are admitted within the enclosure of
regulars (598). Except in case of necessity and with
permission no persons are admitted within the enclos
ure of nuns with solemn vows (600). In the houses of
other religious women the law of enclosure shall be
observed so that anyone not privileged to enter, will
require a good reason and the permission of the supe
rior for admission (604). For an absence of more
than six months from her community, excepting to
pursue special studies, a sister needs the permission
of the Holy See (606). Except to collect alms, with
the consent of the Ordinary (622), the superior cannot
permit her subjects to live outside the houses of the

A DICTIONARY OF CANON LAW 87

Order for a long time (606). All persons who violate
the law of enclosure in houses of solemnly professed
religious incur excommunication reserved to the Holy

See (2342).

211. Engagement, Marriage. No engagement is bind
ing in either forum that is not made in writing and
signed by the parties and either their pastor, their
Ordinary, or at least two witnesses (1017, 1).

212. Epileptics. Epileptics are irregular by defect

(984, 2).

213. Epitaphs. Epitaphs out of harmony with Catholic
faith and piety should not be placed in Catholic
cemeteries (1211).

214. Equity. Equity demands that a religious woman
on leaving her community be supported for a time
by her community if she is poor. In case of disagree
ment about the amount the Bishop is to decide (643).

215. Error. An error about the person, the place, the
favor, or the reason for granting it does not invalidate
a rescript as long as there is no doubt about the
identity of the person and the favor granted him (47).
Error is not presumed when it concerns the law or
its penalty, one's own action, or the notorious action
of another (16, 2). Error annuls an action when it
concerns its substance or substantial condition. In

88 A DICTIONARY OF CANON LAW

contracts error may give the person contracting under
such error the right to have the contract rescinded in
court (104). Error about the degree of consanguinity
or affinity in the application does not annul the dis
pensation (1052).

216. Error about Matrimonial Consent. (See Con
sent.)

217. Eucharist, Blessed. In the Blessed Eucharist
Christ the Lord is contained, offered and received
(801) and should be adored (1255). The Blessed
Sacrament may be kept in every parochial and relig
ious church, and, with the permission of the Ordinary,
in every public and semi-public oratory of religious
houses, charitable and ecclesiastical institutions, pro
vided there is a person to guard it, and the priest says
Mass there regularly at least once a week (1265). To
keep it in other churches and oratories requires the
permission of the Holy See. The Ordinary may grant
this permission to a church or public oratory for spe
cial occasions (1265, 2). It is not allowed to any one
to keep the Blessed Sacrament in his private house
or to carry it with him on a journey (1265, 3). Every
church in which it is kept should be open to the faith
ful for at least a few hours daily (1266). It cannot
be kept continually on more than one altar in a church.
It should be placed in the most prominent and best
ornamented place in the church. The altar on which

A DICTIONARY OF CANON LAW 89

it is kept should be decorated to inspire devotion
(1268). It should be kept in an immovable tabernacle
placed in the middle of the altar. The key of this
tabernacle must be well guarded (1269). A sufficient
number of particles for Communion should always
be kept in a clean and closed pyx covered with a white
silk veil (1270). A lamp, in which olive oil, bees'
wax, or other vegetable oil is burnt, should burn day
and night before the Blessed Sacrament (1271). The
particles should be renewed frequently according to
the instruction of the Ordinary (1272). All who give
instruction should foster devotion to the Blessed Sac
rament (1273). Private exposition of the Blessed
Sacrament can be held without the permission of the
Ordinary, but this permission is always necessary for
public exposition (1274). The Forty Hours' shall
be annually held in all churches where the Blessed
Sacrament is habitually kept (1275).

218. Eucharistic Fast. To receive Holy Communion
the natural fast from midnight must be observed un
less a person is in danger of death or sick in bed for
a month. In the latter case the sick person may re
ceive Holy Communion twice a week after taking
medicine and liquid food (858). The Eucharistic fast
for priests is under the jurisdiction of the Congrega
tion of the Holy Office (247). Priests who celebrate
Mass without observing the Eucharistic fast are to
be suspended by the Ordinary (2321).

90 A DICTIONARY OF CANON

219. Examinations. Newly ordained priests must pass
an annual examination for three years (130). The
Bishop, or a priest delegated by him, shall, at least
thirty days before the reception or profession, examine
each of those to be received or professed, whether she
of her own free will enters the novitiate, makes or
renews her profession (552). Every candidate for
ordination must undergo an examination on the order
he is about to receive (996). The Ordinary and re
ligious superiors should not grant faculties to hear
confession except to those who by examination have
been found capable (877, 1). The faculty of preach
ing is granted under the same restriction (1340, 1).

220. Examiners, Synodal. In every diocese there
ought to be from four to twelve synodal examiners.
They are instituted at a synod, the Bishop proposing,
the synod approving them (385). They are appointed
for ten years or to the next synod (386) . The synodal
examiners should assist the Bishop in the examination
for the appointment, and in the trials, of pastors (389).

221. Excardination. Excardination from one's own
diocese must precede incardination into another (112).
The Vicar General cannot grant it without the mandate
of the Bishop (113). Excardination takes effect only
at the moment of incardination into another diocese
(116). By religious profession for life a cleric is
excardinated from his diocese (115, 585).

A DICTIONARY OF CANON LAW 91

222. Excommunication. Excommunication is a censure
which excludes a person from communion with the
faithful (2257). An excommunicated person is either
a toleratus or a vitandus. Only he who has been
publicly declared a vitandus and denounced by name
by the Holy See is considered a vitandus (2258).
Every excommunicated person is deprived of the right
to assist at divine offices (2259), is forbidden to re
ceive the Sacraments (2260), and is deprived of the
indulgences, suffrages, and public prayers of the
Church (2262). The vitandus, besides, is deprived
of ecclesiastical burial (2260), is not permitted private
Mass for the repose of his soul (2262), and while living
is deprived of every ecclesiastical appointment and
must be avoided even in secular affairs (2267).

223. Exemption. All regulars, including nuns subject
to them, with their novices, houses, and churches, are
exempt from the jurisdiction of the Ordinary in whose
diocese they are established (615). Religious with
simple vows do not enjoy this exemption unless by
special concession (618). Regulars may have an ora
tory exempt from the visitation of the Ordinary
(239, 1, 18). Hospitals, orphanages, and other insti
tutions conducted by them are not exempt (1491-
1492). Neither are they exempt in their apostolic
labors (1261, 2). They are exempt from the pastor
in whose parish they are (464, 1), as also is the
seminary (1368).

92 A DICTIONARY OF CANON LAW

224. Exercise of Piety. The Ordinary must take care
that the clergy practise exercises of piety (125). The
master of novices must instruct the novices in* exer
cises of piety (565). The superiors must take care
that their subjects practise exercises of piety (595).
Exercises of piety in churches and oratories are under
the supervision of the Ordinary (1259, 1). The Ordi
nary must take care that seminarians perform exer
cises of piety (1367).

225. Exercises, The Spiritual. The Spiritual Exer
cises are to be made annually by the seminarians for
several days (1367, 4), for three days before the recep
tion of tonsure and minor orders, and six days
before the reception of sacred orders (1001, 1). Secu
lar priests should make a retreat at least every third
year (126). Postulants before entering the novitiate
should make a retreat for at least eight full days
(541). Before making their profession novices should
make a retreat for at least eight entire days (571, 3).
Religious shall make a retreat every year (595, 1,1).
The Ordinary shall insist that pastors have missions
given to their parishioners at least once in ten years
(1349). The spiritual exercises may be imposed as a
canonical penance (2313, 1,1).

226. Exorcist. The order of exorcist is one of the minor
orders (949). To perform the exorcisms over pos
sessed persons requires, besides the power of orders,

A DICTIONARY OP CANON LAW 93

the special and express permission of the Ordinary.
This permission should be given only to a priest
endowed with piety, prudence and integrity, who will
not perform the exorcisms until he has discovered by
a diligent and prudent investigation that the person
to.be exorcised is really possessed by the devil (1151).
The exorcisms may be performed not only over the
faithful and catechumens, but also over non-Catholics
and excommunicated persons (1152). Any cleric,
empowered to baptize, bless, and consecrate, is also
empowered to use the exorcisms which occur in these
sacred rites (1153).

227. Exposition of Blessed Sacrament. In any church
or oratory, in which the Blessed Sacrament is kept,
private exposition with the ciborium may be given
without the Ordinary's permission, and public exposi
tion with his permission (1274). A priest or a
deacon may expose the Blessed Sacrament, but only
a priest can give the benediction (1274, 2).

228. Extreme Unction. The sick should receive Ex
treme Unction while they still have the full use of
their faculties (944). The pastor is the ordinary min
ister of Extreme Unction (938, 2). He is bound in
justice to administer it to his parishioners. In case
of necessity he is bound in charity to administer it
to others (939). It can be given only to the faithful,
who, after coming to the use of reason, are in danger

94 A DICTIONARY OF CANON LAW

of death from sickness or old age. It can be con
ferred only once in the same sickness (940) . It should
be given conditionally where there is a doubt whether
a person has come to the use of reason, is in danger
of death, is really dead, or is impenitent when un
conscious (941-942). But it is to be given absolutely
to the sick, even though unconscious, who would very
likely ask for it if they had the use of their senses
(943).

The oil used in Extreme Unction is specially blessed
for this purpose by the Bishop (945). The pastor
should not keep it in his house excepting from neces
sity or some other reason approved by the Ordinary
(946). The unctions should be made according to
the ritual. In case of necessity one unction on the
forehead with the short form will suffice. The anoint
ing of the loins should always be omitted. For any
good reason the anointing of the feet may also be
omitted. Excepting in grave necessity the anointings
are to be made by the hand of the priest without the
use of any instrument (947).

229. Faculties. The habitual faculties granted in per
petuity, for a definite time or for a certain number
of cases, are classed as privileges and may be liberally
interpreted. Unless they are given personally to the
Bishop the vicar general shares in them. They also
include whatever is necessary for their use (66, 200).
(See Jurisdiction.)

A DICTIONARY OF CANON LAW 95

230. Fast Days. The Holy See alone establishes fast
days for the universal Church. Ordinaries may ap
point a fast day for a special occasion (1244). The
Ordinary in his diocese, the pastor in his parish, and
the superior of an exempt community may in individ
ual cases dispense their subjects from the fast for good
reasons (1245). A fast day is reckoned from mid
night to midnight (1246).

231. Favors. Favors may be granted to any one in
communion with the Holy See (36). Without the
consent of the Congregation that refused a favor the
same cannot be granted by another Congregation or
by the Ordinary (43). Likewise, if refused by the
vicar general it cannot be granted by the Bishop with
out knowledge of this refusal. But if refused by the
Bishop it can in no case be granted by the vicar gen
eral (44). Favors are not rendered invalid by an
error in the name of person or place (47).

232. Fear. Actions inspired by grave fear from unjust
threats are valid but may be rescinded by the judge
(103). A cleric ordained through grave fear may
appeal to the Bishop and if he can prove his case
must be pronounced free from his obligations (132,
214). Marriage contracted under the influence of
grave fear unjustly induced is invalid (1087).

233. Foetus. Every foetus born prematurely should be
baptized. If life is doubtful it should be baptized

96 A DICTIONARY OF CANON LAW

conditionally (747). If a mother dies in pregnancy
the foetus when extracted should be baptized in like
manner (746). Unusual forms of foetus should be
baptized at least conditionally (748). If a foetus
was baptized in the mother's womb, the child when
born shall be baptized again conditionally (746).

234. Force. An action done through physical force
that could not be resisted, is considered as not per
formed (103). Those who force another in any way
to enter the clerical life, or a religious community,
or to take simple *or solemn vows, temporary or per
petual, are thereby excommunicated (2352).

235. Form of Marriage. The form of marriage re
quires that it be contracted before the pastor and at
least two witnesses (1094). On the part of the cleric
this form requires that he be in possession of nis
diocesan faculties, act within the limits of his terri
tory, and act of his free will, or that he be duly dele
gated by pastor or Bishop (1095). This assistance is
licit after the pastor has found the contracting parties
free to marry, at least one of them his subject, or ob
tained permission from their pastor or Ordinary
(1097). In danger of death marriage may be validly
and licitly contracted before two witnesses, if no duly
authorized priest can be had. At other times when it
can prudently be foreseen that the priest cannot be had
for a month, the parties may validly and licitly marry

A DICTIONARY OF CANON LAW 97

before two witnesses (1098). Catholics are held to
this form who marry Catholics or non-Catholics (1099).

236. Formula. The formula for absolution from sins in
the ritual must be used. Though the accompanying
prayers are not necessary for absolution they are not
to be omitted without just cause (885). The formula
for absolution in the sacramental forum includes abso
lution from censures. Though no formula is pre
scribed in the external forum the sacramental formula
may be used when absolving from excommunication
(2250, 3). Where a formula is prescribed by the
Church for consecrations and blessings they would be
invalid without its use (1148, 2).

237. Forty Hours' Devotion. On the days fixed by the
Bishop the Forty Hours' Devotion shall be solemnly
held in every church where the Blessed Sacrament is
habitually preserved. Where the exposition cannot
be held for forty consecutive hours the Ordinary may
arrange it to be held for several hours of the day on
certain days (1275).

238. Forum. Jurisdiction in the external forum holds
also in the internal forum, but not vice versa. Un
less jurisdiction is restricted to the sacramental forum
jurisdiction given for the internal forum can be exer
cised also out of confession. Where the forum is not
mentioned in the faculties jurisdiction is given for

98 A DICTIONARY OF CANON LAW

both forums (202). Jurisdiction in the internal
forum continues if the priest through inadvertence
did not observe the expiration of his faculties (207).
The Sacred Penitentiary grants special faculties for
the interior forum (258). Clerics and religious enjoy
the privilege of the ecclesiastical forum (120, 614).

239. Foundation. New dioceses are founded by the
Consistorial Congregation (248, 1). Hospitals, or
phanages and similar institutions may be founded by
the Bishop (1489, 1). Pious associations and confra
ternities must be founded or approved by the Ordi
nary (686, 1 ; 708). With the approbation of the Holy
See the Bishop may found a house of a religious
Congregation in his diocese. For the foundation of a
house of regulars or exempt religious the written
approbation of the Holy See and of the Ordinary is
required (497).

240. Foundations, Pious. A pious foundation is a gift
of temporal goods to a moral body in the Church with
the obligation of saying Masses or of performing other
ecclesiastical functions in perpetuity (1544, 1). The
Ordinary must define the amount required for a pious
foundation and arrange for its distribution (1545).
The written permission of the Ordinary is required
for its acceptance (1546), and of the religious superior
in the church of religious (1550). Unless otherwise
provided for, a reduction of the obligation contracted

A DICTIONARY OF CANON LAW 99

by accepting a pious fund is reserved to the Pope
(1551, 1).

241. Foundlings. The place of origin of a foundling
is considered the place where it was found (90, 2).
Unless there is certainty of its baptism it is to be
baptized conditionally (749).

242. Functions, Parochial. The functions reserved to
the pastor are : to baptize solemnly, to give Viaticum
and Extreme Unction to the dying, to proclaim the
banns, to assist at marriages and to give the marriage
blessing, to bless the baptismal font and the houses
of parishioners on Holy Saturday, to conduct public
processions outside the church, to impart blessings
with pomp and solemnity outside the church, and to
conduct ecclesiastical funerals (462).

243. Funerals. The funerals of parishioners are re
served to the pastor (462, 5). The funeral services
are to be held in the church and according to the
liturgy (1215). If the deceased belonged to several
parish churches the funeral services should be held
in the church of the parish where he died (1216). A
person may personally or through another choose an
other church and cemetery for his funeral services
(1226). The pastor cannot forbid secular clergy, re
ligious, and pious societies invited by the family to
assist at the services (1233). Ordinaries shall draw

100 A DICTIONARY OF CANON LAW

up a schedule of funeral taxes for their territory
(1234) . The poor shall receive decent funeral services
and burial free of charge (1235). Catholic funeral
services cannot be held for notorious apostates, here
tics, schismatics, Masons, or members of other societies
of the same kind, persons excommunicated or inter
dicted by condemnatory or declaratory sentence, cul
pable suicides, duelists, those who give orders to have
their bodies cremated, and all other publicly known
sinners. If a doubt arises the Ordinary should be
consulted. If the doubt persists the body should be
given ecclesiastical burial but in such a manner that
scandal be avoided (1240).

244. Games of Chance. Clerics must not play games
of chance with money (138).

245. Garb, Clerical. All clerics are bound to wear a
becoming clerical • garb in accordance with the legiti
mate customs of places and the regulations of the
Ordinary (136, 1). Clerics who do not wear the eccle
siastical garb and have been admonished without re
sult, shall, if in major orders, be suspended from their
order unless they amend within one month. Clerics
in minor orders ipso facto forfeit the clerical state
if they do not heed the admonition of the Ordinary
(2379).

246. Goods of the Church. The Catholic Church and
the Holy See have the right to acquire, retain and ad-

A DICTIONARY OF CANON LAW 101

minister temporal goods for their proper purposes.

Individual churches and other moral persons have the
right to acquire, retain and administer temporal goods
according to the sacred canons (1495). The Church
has also the right to demand the necessary means of
the faithful for the purposes proper to her end
(1496). The temporal goods and rights which belong
to the universal Church, to the Holy See, or to any
legal person in the Church are ecclesiastical goods.
These goods are sacred if destined for divine worship
by consecration or blessing ; precious if valuable either
for art, history, or material.

The Church can acquire temporal goods by all just
means. Under the supreme authority of the Holy
See these goods belong to that legal person who right
fully acquired them (1499). If a legal person
ceases to exist, his goods shall belong to the immediate
superior legal person (1511). No one can collect
without the written permission of the Holy See or
of his own Ordinary and of the Bishop in whose
diocese the alms are to be collected (1503). All
churches subject to his jurisdiction must annually pay
the Bishop- the cathedraticum (1504). Besides the
seminary tax and the pensions the Bishop can im
pose a special tax on the diocese in special needs
(1505).

The will of the faithful who leave their goods by
donation or last will to pious institutions shall be
most faithfully executed (1514). In these donations

102 A DICTIONARY OF CANON LAW

and bequests the Ordinaries are the executors (1515).
If a cleric or religious has received goods in trust
for pious purposes he must inform the Bishop who
will see they are safely invested (1515, 2). The Pope
is the supreme administrator and dispenser of all
ecclesiastical goods (1518). The Ordinary must faith
fully administer the goods under his jurisdiction
(1519). To aid him he may appoint a board of ad
ministrators for these goods (1520). Every year all
administrators of ecclesiastical goods must render a
financial statement to the Bishop (1525).

247. Goods of Religious. Not only the Order or Con
gregation, but also the province, and the individual
house may acquire and possess temporal goods (531).
The goods are to be administered according to the con
stitutions (532). Besides complying with their consti
tutions, religious must have the consent of the Ordi
nary for an investment, if the community is not under
papal law, or any religious when there is question
of using real estate donated for charitable or church
purposes (533). When there is question of selling
for, or of contracting a debt of more than 30,000
francs, the permission of the Holy See is required
(534). At least once a year every house of nuns
must render a financial statement to the Bishop. In
houses of diocesan sisterhoods he may inquire more
frequently. In either case he can apply a remedy
for maladministration (535).

A DICTIONARY OF CANON LAW 103

248. Habit. Postulants shall wear a modest dress dif
ferent from that of the novices (540, 2). The novices
shall wear the habit prescribed for them by the con
stitutions during the entire novitiate (557). The
name and habit of an established Order or Congre
gation cannot be taken by those who do not belong
to it, nor by a new organization (492, 3). Religious
shall wear the habit of their organization both at
home and outside (596). Secularized religious may
not wear the habit (639). Secularized clerics should
put aside their habit and wear the cassock of secular
priests (640, 1,1).

249. Heretics. A heretic is a person who has been
baptized and claims to be a Christian, but who
pertinaciously denies or doubts a truth which must
be believed with divine and Catholic faith (1325, 2).

250. Heroic Virtue. Heroic virtue is required in Ser
vants of God for beatification and canonization (2104).

251. Hierarchy. The hierarchy, which is of divine in
stitution by reason of the sacred orders, consists of
Bishops, priests, and ministers. By reason of juris
diction it consists of the supreme pontificate and the
subordinate episcopate. And by institution of the
Church other degrees also were added (108, 3).
Those who are received into the ecclesiastical hierarchy
are placed in the degrees of the power of orders by
sacred ordination (109).

104 A DICTIONARY OF CANON LAW

$52. Holy=DaySo The supreme authority of the Church
alone has the right to establish, transfer, and abolish
holy-days of obligation for the universal church
(1087). The holy-days of obligation are: All Sun
days, the feasts of Christmas, Circumcision, Epiphany,
Ascension, Corpus Christi, Immaculate Conception,
Assumption, St. Joseph, SS. Peter and Paul and All
Saints. If any of the above feasts have been abolished
in some country nothing should be done concerning
them without consulting the Holy See (1247). On
holy-days of obligation the faithful must hear Mass
and abstain from servile work, legal action and public
sales (1248).

253. Holy See. (See Apostolic See.)

254. Honesty, Public. Public honesty arises from an
invalid marriage and from public and notorious con
cubinage. It invalidates a marriage in the first and
second degree of the direct line between the man and
the blood relations of the woman, and vice versa
(1078).

255. Hospitals. (See Institutions.)

256. Hosts, Abuse of Consecrated. Excommunication
specially reserved to the Holy See is visited on any
one who desecrates consecrated particles, carries them
off, or keeps them for an evil purpose (2343, 1).

A DICTIONARY OF CANON LAW 105

257. House, Establishment of Religious. To establish
a house in another diocese a diocesan congregation
needs the consent of both Bishops (495, 1) ; an exempt
Order or Congregation, and nuns with solemn vows
need the permission of the Holy See together with
the written consent of the local Ordinary (497, 1).

258. House of Studies. (See Studies, House of.)

259. Ignorance. Ignorance of invalidating or inhabili-
tating laws does not excuse from invalidity of action
(16). Ignorance lessens, and may even take away,
the responsibility of an action. Ignorance of a
penalty attached to the violation of a law somewhat
diminishes the responsibility of the offence (2202,
2229).

260. Illegitimates. Children born less than six months
after the date of marriage or more than ten months
after the dissolution of conjugal life are illegitimates
before the law (1115, 2). Unless otherwise specified
children legitimized by a subsequent marriage are,
as far as canonical effects are concerned, held equal
to legitimate children (1117). Unless there is proof
to the contrary the husband of a woman is considered
the father of her child (1115, 1).

261. Illness. Unless intentionally concealed before pro
fession ill health is no reason for dismissing a pro-

106 A DICTIONARY OF CANON LAW

fessed religious (647, 2). All who have been sick for
a month may receive Holy Communion twice a week
after taking medicine or liquid food (858, 2).

262. Images, Sacred. Sacred images that do not har
monize with the sense and decrees of the Church are
forbidden (1399, 12). The permission of the Ordi
nary is required to make sacred images (1385, 2).
A relative veneration is due them (1255, 2). New
and unusual ones are not to be erected in sacred and
exempt places without the permission of the Ordinary
(1279, 1). Their blessing is reserved to the Ordinary
(1297, 4).

263. Impediments, Matrimonial. An impedient im
pediment makes a marriage illicit, a diriment impedi
ment makes it invalid (1036). Both may be public
or occult (1037). The Church has a right to declare
when the divine law renders a marriage illicit or
invalid, and to establish other impedient and diri
ment impediments to the marriage of her children
(1038).

Some impediments are of a minor, others of a major
degree. The impediments of a minor degree are: (1)
consanguinity in the third degree of the collateral
line, (2) affinity in the second degree of the collateral
line, (3) public honesty in the second degree, (4)
spiritual relationship, (5) crime, arising from adultery

A DICTIONARY OF CANON LAW 107

with promise of or attempted marriage. All other
impediments are of a major degree (1042).

264. Impediments, Impedient. The impedient im
pediments are: mixed marriage (1060), vow (1058),
apostacy (1065), membership in a forbidden society
(1065), impenitence (1066), and legal adoption when
recognized by civil law of locality (1059).

265. Impediments, Diriment. The diriment impedi
ments are: age, fourteen for woman, sixteen for man
(1067), impotence (1068), previous valid marriage
(1069), Holy Orders (1072), solemn religious pro
fession (1073), disparity of worship (1070), violence
(1074), crime (1075), consanguinity (1076), affinity
(1077), public honesty (1078), spiritual relationship
(1079), legal adoption, where recognized by civil law
of locality (1080). (See Dispensations.)

266. Impediments to Religion. Invalidating impedi
ments for entering novitiate are: (1) converts from
non-Catholic sects, (2) defective age, (3) violence,
fear or deceit, (4) marriage, (5) profession in another
religious body, (6) crime, (7) episcopate, (8) oath
to serve diocese or missions in priest (542, 1).

Impeding impediments to the novitiate are: (1)
for a priest, lack of Ordinary's permission, (2) debts,
(3) business entanglements, (4) care of parents, (5)

108 A DICTIONARY OF CANON LAW

irregularity, for candidates to the priesthood, (6)
membership of Oriental Rite (542, 2).

267. Impenitence. If there is a reasonable doubt about
the impenitence of an obstinate sinner he may be
anointed conditionally (942).

268. Impotence. Impotence invalidates marriage
(1068, 1). Impotence or non-consummation requires
a bodily inspection of the married parties by experts.
(1976).

269. Imputability. The imputability of an offence
arises from the evil intention of the delinquent, from
guilt in his ignorance of the law violated, and from
the omission of proper diligence in his transgression
(2199). An accident that could neither be foreseen
nor provided against excuses from all responsibility
(2203, 2). Not only the circumstances which excuse
from all imputability but also those which excuse from
grave imputability, likewise excuse from all penalty
(2218, 2).

270. Inadvertence. Inadvertence frees from all respon
sibility for an offence (2203, 2). Excuses from all
penalty (2218, 2).

271. Incardination. A cleric is incardinated into his
diocese by the reception of tonsure (111, 2). To be

A DICTIONARY OF CANON LAW 109

validly incardinated into another diocese he must first
obtain excardination from his own Bishop (112). It
is considered an excardination and an incardination
if a cleric's Ordinary gives him permission in writing
to leave the diocese or to accept a benefice that requires
residence in another diocese and he obtains it from
another Ordinary (114). The Ordinary should not
incardinate a cleric from another diocese unless he
is in need, has evidence of the qualifications of the
cleric, and the cleric solemnly affirms his willingness
to be incardinated according to the sacred canons
(117). A secularized religious may be received by an
Ordinary absolutely, or for three years on trial.
This trial may be extended for another triennium.
Unless dismissed in the meantime he is incardinated
by the expiration of the time (641, 2).

272. Indulgences. Indulgences are granted to the liv
ing in the form of absolution from temporal pun
ishments due to sins whose guilt has been remitted,
and applied to the faithful departed in the form of
suffrage (911). The Pope and those who have re
ceived from him participation in the power by law
have ordinary power to grant indulgences (912).
(See Cardinal, Bishop, Religious, Altar.) Unless
persons have Papal authorization new indulgences
must be shown to the Ordinary before they are pub
lished (919). Plenary indulgences to be gained on
the feasts of Our Lord and of the Blessed Virgin may

110 A DICTIONARY OF CANON LAW

be gained only on feasts that are found in the universal
calendar of the Church (921, 1). When the visiting
of a church is required to gain the indulgence attached
to a certain day the visit may be made from noon
of the preceding day until midnight of the feast day
(923). Indulgences attached to beads and other arti
cles cease only when the beads or other articles are
entirely destroyed, or are sold (924).

To be capable of gaining an indulgence a person
must be baptized, free from excommunication, in the
state of grace, and a subject of the authority granting
it. For a subject capable of gaining an indulgence,
to gain it in reality he must have at least the general
intention of gaining it and of performing the good
works at the time and in the manner prescribed (925).
A plenary indulgence is understood to be granted in
such a way that a person may gain it in part accord
ing to his disposition, if he cannot gain it entirely
(926). No one gaining indulgences can apply them to
the living, but, unless otherwise specified, all indul
gences granted by the Holy See are applicable to the
souls in purgatory (930).

273. Infants. Until they have completed their seventh
year children are classed as infants (88, 3). Those
who have been insane from infancy are classed as
infants (745, 2, 1). Where it can be conveniently
arranged the bodies of infants should be buried in a
plot specially set apart for them (1209, 3).

A DICTIONARY OF CANON LAW 111

274. Infidels. A church is desecrated if an infidel is
buried in it (1172, 1, 4), likewise a cemetery (1207).
Infidels are not allowed to receive ecclesiastical burial
(1239, 1).

275. Infirm. It is the right and duty of the pastor to
carry Holy Communion publicly to the sick within
the parish even to non-parishioners (848). Other
priests may bring Holy Communion privately to the
sick (849, 1). It is the right of the pastor to give
Viaticum to the sick (850). The sick who have been
ill for a month may receive Holy Communion twice
a week though they have taken medicine or some liquid
food (858). In danger of death from any cause the
faithful are bound to receive Holy Communion
(863, 1).

276. Injury to Clerics. The faithful become guilty of
sacrilege if they do personal injury to clerics (119)
and are excommunicated (2343).

277. Insane. Those who have been insane from their
infancy, no matter what their age may be, are classed
as infants (745, 2, 1).

278. Insignia. The insignia of Bishops are defined in
the liturgical books (348, 1, 2). An Abbot Nullius
likewise uses pontifical insignia in his own territory
with throne and canopy; but his pectoral cross, ring
with stone, and violet skull cap he may wear out of his

112 A DICTIONARY OF CANON LAW

territory (325). Confraternities must have the per
mission of the Ordinary to wear insignia (713, 2).

279. Institutions, Ecclesiastical. Hospitals, orphan
ages and other similar institutions, destined for re
ligious or charitable work may be erected by the Ordi
nary, and by his decree are constituted legal persons
(1489, 1). For the erection and opening of schools,
hospitals and other similar institutions, separate from
the religious house, exempt or non-exempt, the written
permission of the Ordinary is necessary and suffices
(497, 3). They are held equal to minors (100, 3).
They should not be approved by the Ordinary unless
they are useful and sufficiently endowed (1489, 2).
They are subject to visitation (1491), must render
an account to the Ordinary (1492, 1) ; they may be
taxed for the support of the seminary (1356, 1).

280. Interdict. An interdict is a censure by which the
faithful, though remaining in communion with the
Church, are forbidden most of her blessings. If it is
personal it forbids the use of certain sacraments and
sacramentals to a person. If it is local it forbids the
administration and reception of certain sacraments
and sacramentals in that place (2268). A special
interdict is called the interdict from entering the
church. It prohibits the celebration of divine services
in Church, the assistance at them, and burial from
the Church (2277).

A DICTIONARY OF CANON LAW 113

281. Interpretation. Authoritative interpretation of
the law is made by the law-giver. It has the force
of law when given in the form of law (17). If the
proper meaning of a law is obscure it may be inter
preted by a parallel citation of the Code, or by the
purposes, circumstances and intention of the law
maker (18). Penal laws are to be interpreted strictly
(19), privileges liberally (66).

282. Interpreter. If the penitent cannot otherwise con
fess he may make use of an interpreter if he wishes
(903). The interpreter is bound by the seal (889).
Matrimony may be contracted through an interpreter
(1090). A witness may testify in court through an
interpreter (1641).

283. Interruption of Novitiate. The novitiate is ended
when a novice is dismissed by the superior, or when
the novice leaves freely with the intention of not re
turning. It is interrupted if a novice, for any cause,
is away consecutively or at intervals for thirty days
during the time of the novitiate (556, 1). If a novice,
through obedience or force, remains away from the
convent more than fifteen, but not more than thirty,
days it is necessary and sufficient for a valid novitiate
to make up these days. If no more than fifteen days
were lost the superior may order them to be made
up but this is not required for the validity of the
novitiate (556, 2) . Except for a just and grave reason

114 A DICTIONARY OF CANON LAW

the superior shall not permit a novice to remain out
of the convent over night (566, 3). If the novice
is transferred by the superior to another house, the
novitiate is not interrupted by the transfer (556, 4).

284. Intervals. In the ordinations the intervals of time
between orders are to be observed, during which the
clerics may exercise the orders received (821, 1).

285. Irregularities. Some irregularities are from de
fect, others from fault (983). The following persons
are irregular from defect: illegitimates, bodily defec
tives, epileptics, bigamists, infamous by law, a judge
who has pronounced death sentence, and the executor
of a death sentence (984). The following are irregu
lar from faults: apostates, heretics, schismatics, those
baptized by non-Catholics, married men, clerics in
major orders, professed religious men who attempt
marriage, voluntary murderers, men who mutilated
themselves or others, and those who attempted suicide,
clerics practising medicine or surgery if thereby the
death of a person is caused, and, finally, men who
usurp the exercise of an act of orders reserved to
clerics in major orders, and clerics in major orders
who exercise such an act as long as they are forbidden
by canonical penalty (985). Ignorance of the irregu
larity and of the impediment arising from it is no
excuse (988). Irregularity may be multiplied by
various causes but not by repetition (989). As a rule

A DICTIONARY OF CANON LAW 115

the Ordinary can absolve from irregularities. The
confessor can do the same in most cases that suffer
no delay (900, 901).

286. Judge. No one can be judge in his own case be
cause no one can exercise jurisdiction to his private
advantage (201, 2).

287. Jurisdiction. By divine institution the Church has
jurisdiction both in the internal and the external
forum (196). This implies the power not only of
making laws and attaching penalties but also of ap
plying penalties legally prescribed (2220, 1). Juris
diction may be ordinary or delegated (197, 1). The
Pope, residential Bishops and Abbots Nullius, and
their vicar generals, administrators, Vicars and Pre
fects Apostolic (198, 1). All who have ordinary
jurisdiction may delegate it to others (199) . Ordinary
jurisdiction is to be interpreted liberally (200, 1).
It can be exercised directly only over one's own sub
jects (201, 1). Jurisdiction in the external forum
also holds for the internal (202, 1). The Church
supplies jurisdiction for both forums (1) in common
error, and (2) in a positive and probable doubt of
fact as well as of law (209).

288. Jurisdiction for Confessions. Besides the power
of orders jurisdiction is necessary to give absolution
(872). The Pope and the Cardinals have this juris
diction for the whole Church, the Ordinaries in their

116 A DICTIONARY OF CANON LAW

dioceses, and the pastors, and those who take their
place, in the parish (873). Delegated jurisdiction is
given to priests by the Ordinary (874). This dele
gation must be expressed in words or given in writ
ing (879). It may be limited (878, 1). To hear the
confession of religious women and novices validly and
lieitly in their homes special delegation by the Ordi
nary is required (876). When once granted it should
not be recalled excepting for grave reason (880). All
priests have faculties to absolve persons in danger
of death (882). Every priest approved by his Ordi
nary, or by the Ordinary of the place of embarkation,
or of any Ordinary along the voyage, is approved to
hear confessions on the boat, while making a voyage,
or at any port his boat enters (883). A priest who
would dare to hear confessions without jurisdiction
would thereby incur suspension, and one who with
jurisdiction would dare to absolve from reserved sins
would thereby be suspended from hearing confessions
(2366). (See Confession.)

289. Key. The key to the tabernacle, in which the
Blessed Sacrament is kept, must be carefully guarded
(1269, 4). The keys of the secret archives of the
diocese must be kept by the Bishop and by the vicar
general, or the chancellor (379, 2).

290. Laity. The Sacrament of Orders distinguishes the
clergy from the laity (948). With the exception of

A DICTIONARY OF CANON LAW 117

seminarians and those who are actually taking part in
the ministry of the church no layman may wear the
ecclesiastical garb (683). Laymen are not allowed to
preach in the church (1342, 2). According to the
rules of ecclesiastical discipline the laity has the right
to receive from the clergy the spiritual benefits and
especially the assistance necessary for salvation (682).
The faithful are to be praised for joining associations
erected, or at least recommended by the Church. They
should beware of associations that are secret, con
demned, seditious, suspected, or those which strive to
withdraw them from the legitimate supervision of the
Church (684). The faithful owe the clergy reverence
according to their various rank and offices, and become
guilty of sacrilege if they do them personal injury
(119). Without the express permission of the Ordi
nary no one of the faithful can have a special place
in the church reserved for himself and his family
(1263, 2).

291. Lamp, Sanctuary. At least one lamp should burn
night and day before the tabernacle in which the
Blessed Sacrament is kept. It should be fed with
olive oil or bees' wax. Where olive oil is not easily
obtainable the Bishop may allow the use of other oils,
which should as far as possible be vegetable oils (1271).

292. Language. Without special permission from the
Holy See parishes are not to be established that are

118 A DICTIONARY OF CANON LAW

divided by the difference of language or nationality
of the people in the same town or city (216, 4).

293. Latin Rite. The laws of the Code are obligatory
only for Catholics of the Latin Rite (1).

294. Law. Laws are instituted when they are promul
gated (8). Laws enacted by the Holy See are pro
mulgated by publication in the Ada Apostolicae Sedis
(9). Laws apply to the future (10). Merely eccle
siastical laws do not bind persons who are not baptized
or who are not yet seven years old (12) . General laws
bind throughout the world (13). As a rule strangers
are not bound by the particular laws of their home
place, nor of the place in which they tarry. A vagrant
is bound both by the general and by the particular
laws of the place in which he happens to be (14, 1, 2).
In doubt about the promulgation of the law it does
not bind. In doubt about its application the Ordinary
can dispense (15). No ignorance of invalidating or
inhabilitating laws excuses (16). Laws are authori
tatively interpreted by the lawgiver and those to whom
this power has been delegated (17). Ecclesiastical
laws must be interpreted according to the proper mean
ing of the terms of the law considered in their context
(18). Penal and restrictive laws, and those establish
ing an exception must be interpreted in a strict sense
(19). Laws safeguarding against common dangers
bind even though there be no danger in a particular

A DICTIONARY OF CANON LAW 119

case (21). As a rule a more recent law abolishes a
former law (22). The abolition of a former law by
a recent law must be certain before it ceases to bind
(23) . Precepts given to individuals accompany them ;
they die with the authority of those who gave them
(24).

295. Legal Persons. Legal persons are bodies of men
instituted by the authority of the Church (99). The
Catholic Church and the Holy See have the nature of
a legal person by divine ordinance. Other legal bodies
get their personality either by law or by the con
cession of competent ecclesiastical authority. At least
three physical persons are required to constitute a
collegiate legal body. Both collegiate and non-colle
giate legal persons or moral bodies are held equal to
minors (100). Unless otherwise prescribed the ma
jority rules in legal persons. Matters that touch all
individually must be approved by all (101). A legal
person is perpetual (101).

296. Legate, Papal. (See Delegate, Papal.)

297. Legitimacy. Children conceived or born of valid
or presumed valid wedlock are considered legitimate
(114). Children are presumed legitimate if they are
born six months after the celebration of marriage,
or ten months after the dissolution of conjugal life
(1115, 2). The Lwful husband of the mother is the

120 A DICTIONARY OF CANON LAW

father of the child, unless the contrary is evidently
proved (1115, 1).

298 Legitimation. By a subsequent or a validated
marriage an illegitimate child is legitimatized provided
the parents were free to marry at the time of concep
tion (1116). Legitimatized children have the same
rights before the law as legitimate children unless
specified otherwise (1117).

299. Lent. The Ordinary should see to it that sermons
be more frequently preached during Lent (1346). In
these sermons what the faithful must believe and do
to be saved should be especially preached (1347). The
faithful should be urged to hear these sermons (1348).
The law of fasting and abstinence must be observed
during Lent (1252). (See Fasting, Abstinence.)

It is not allowed to solemnize marriage during Lent
(1108, 2).

300. Letters. Letters of religious are exempt from the
inspection of the superiors when addressed to the Pope,
to the Papal Legate of the country, to the Cardinal
Protector of the Order, to their own major superiors,
to their local superiors when absent, to the local
Bishop, if they are subject to him, and the nuns who
are under the jurisdiction of regulars, also to the major
superiors of the Order. The same religious may like
wise receive letters from, the aforesaid superiors which
no one is allowed to open or inspect (611).

A DICTIONARY OF CANON LAW 121

301. Litanies. The Ordinary cannot approve new lit'
anies for public use (1259).

302. Liturgy. The Holy See alone has the right to
enact the form of sacred liturgy and to approve litur
gical books (1257).

303. Liturgical Language. Holy Mass is to be cele
brated in the liturgical language proper to each one's
Rite, as approved by the Church (819).

304. Loan. In the loan of goods to be consumed by the
borrower when return is to be made in the same kind,
no interest can be charged. In the loan of goods which
deteriorate by use a reasonable interest may be asked

(1543).

305. Loss. Domicile and quasi-domicile are lost by the
act of leaving the place with the intention not to return
there (95). Catholics lose their good name (1) by
joining a non-Catholic sect (2314, 3), (2) by desecra
tion of consecrated hosts (2320), (3) by committing
crimes on the bodies or the graves of the dead (2338),
(4) by doing violence to the person of the Pope, of
a Cardinal, or of a Legate (2343, 1) ; (5) by taking
part in a duel (2351, 2), (6) by entering a civil mar
riage while the lawful partner is alive (2356), (7)
lay persons by being lawfully condemned for crimes
of impurity with minors under sixteen years of age,

122 A DICTIONARY OF CANON LAW

of attack on women, of sodomy, of bawdry, or of incest

(2357).

306. Mandate. The delegate who acts beyond his man
date in regard to matters or persons acts invalidly.
Unless prescribed as a condition of his delegation the
manner of action is left to the judgment of the dele
gate (203).

307. Manifestation of Conscience. Religious superiors
are strictly forbidden in any way to force their sub
jects to make a manifestation of conscience to them.
On the other hand subjects are not forbidden freely
and of their own choice to open their hearts to their
superiors. In fact, it is proper for them to approach
their superiors with confidence, and if they are
priests, to place their doubts and anxieties before them
(530).

308. Marriage. Christ raised the contract of marriage
between baptized persons to the dignity of a Sacra
ment, so that there can be no valid marriage between
Catholics without it being a Sacrament (1012). The
primary object of marriage is the generation and
education of children, the secondary object is mutual
assistance and a remedy for concupiscence. The es
sential qualities of marriage are unity and indissolu-
bility. They receive a peculiar firmness in Christian
marriage by reason of the Sacrament (1013). En-

A DICTIONARY OF CANON LAW 123

joying the favor of law, a marriage is presumed valid
until it is proved otherwise (1014) with the exception
of the case where the Pauline privilege is applied
(1127). The valid marriage of baptized persons is
called ratum before conjugal intercourse, and ratum
et consummation after it has taken place. Cohabita
tion, after the marriage ceremony has taken place,
establishes a presumption that the marriage has been
consummated. A marriage validly contracted be
tween non-baptized persons is called legitimate. An
invalid marriage, contracted in good faith by at least
one of the parties, is called a putative marriage until
both parties become certain of its invalidity (1015).
The marriage of baptized persons is subject to both
the divine and canon law, and in its civil effects also
to the civil law (1016). The promise of marriage is
invalid in either forum unless it is made in writing
and signed by the parties and either the pastor or
the local Ordinary, or at least two witnesses (1017, 1).

309. Marriage Consent. (See Consent, Matrimonial.)

310. Marriage Contract. (See Form of Marriage.)

311. Marriage, Effects of. From a valid marriage a
bond arises between the married couple which is per
petual and exclusive in its very nature; Christian
marriage, besides, gives the grace of the Sacrament
to the parties who place no obstacle in its way (1110).
From the moment marriage has been contracted both

124 A DICTIONARY OF CANON LAW

of the pair have equal rights and duties concerning
the action proper to conjugal life (1111). Unless
there is an exception made by special law the wife
shares the same state as her husband as far as canon
ical effects are concerned (1112). (See Education,
Legitimate, Illegitimate, Legitimation.)

312. Marriage, Mixed. The Church everywhere pro
hibits most severely the marriage of two baptized
persons, one of whom is a Catholic and the other a
member of a heretical or schismatic sect. If there
is danger of perversion for the Catholic party and
the children such a union is also forbidden by the
divine law (1060). The Church does not dispense
from the impediment of mixed religion unless: (1)
there are just and serious reasons; (2) the non-
Catholic party promises to remove all danger of per
version of the Catholic party, and both parties promise
that all their children shall be baptized and brought
up as Catholics; (3) there is moral certainty that
these promises will be kept. As a rule these promises
are to be made in writing (1061). The Catholic party
has the obligation to work prudently for the conver
sion of the non-Catholic (1062). Even when a dis
pensation has been obtained from the impediment of
mixed religion the parties can not be allowed to go to
a non-Catholic minister, whether before or after the
Catholic service, whether personally or by proxy, to
give or renew their consent. If the pastor knows the

A DICTIONARY OF CANON LAW 125

parties will certainly violate, or have already violated
this law, he shall not assist at their marriage, except
for very serious reasons, and then only after the scan
dal has been removed and the Ordinary has been
consulted (1063). Bishops and other pastors of souls :
(1) shall deter the faithful as much as they can from
mixed marriages ; (2) if they cannot prevent them they
shall by all means see to it that such marriages are not
contracted against the laws of God and the Church;
(3) watch that those who contracted mixed marriage
in their own place, or come from other places, live up
to their promises; (4) when assisting at a mixed mar
riage they shall ask the questions about the consent
in the usual way but omit the use of any sacred
rites. If from this greater evils are foreseen to follow,
the Bishop may allow some of the usual Catholic cere
monies but not the celebration of Mass to take place
(1064, 1102).

313. Marriage of Conscience. A marriage of con
science is contracted secretly without the publication
of the banns. The Bishop personally may allow it
for very grave reasons (1104). This permission im
poses the obligation of secrecy on the contracting
parties, the witnesses, the officiating priest and the
Ordinary until both of the couple consent to the pub
lication. The record of a marriage of conscience is to
be kept only in the secret archives of the episcopal
Curia (1107).

126 A DICTIONARY OF CANON LAW

314. Marriage, Preparation for. Before the marriage
ceremony takes place, it must be certain there is no
obstacle to its valid and licit celebration. In danger
of death, when no other proofs can be had, the sworn
statement of the parties, that they are baptized and
free to marry, suffices (1019). It is the duty of the
pastor to investigate sufficiently in advance whether
there is an obstacle to the union. The Ordinary of
the place should prescribe special regulations for this
examination (1020). The pastor must demand the
baptismal certificate of Catholics not baptized in his
parish and the necessary dispensation, when there is
question of a marriage with a non-Catholic (1021).
He should publicly announce the parties to be mar
ried (1022). If one of the parties has lived elsewhere
since arriving at the age of puberty the pastor should
refer the matter to the Bishop, who may order the
banns to be published in that place or order investiga
tion to be made about the free state of the party. If
there is suspicion of an impediment existing the pastor
should refer the matter to the Bishop, who will not
permit the marriage to take place until the suspicion
is removed (1023).

The publication of the banns is to be made in the
church on three successive Sundays or Holy-days of
obligation at services that are largely attended (1024).
As a substitute the Ordinary may permit the names
of the parties to be posted at the church door and to
be left there for eight days, including two Sundays

A DICTIONARY OF CANON LAW 127

or Holy-days of obligation (1025). The publication
of the banns is omitted when a Catholic marries a
non-Catholic with the necessary dispensation (1026).
The faithful are bound in conscience to reveal any
impediment they may know to exist to the union of
the parties that are announced (1027). For lawful
reasons the Ordinary may dispense from the publica
tion of the banns for any marriage to be contracted
in his diocese as well as for his subjects to marry
in another diocese (1028). If the pastor does not
personally assist at the marriage he must give the
priest who assists at it documentary evidence that he
has made the investigation and published the banns
(1029). After the investigation and proclamations
have been made the pastor should not assist at the cere
mony until he has received all necessary papers and
three days have elapsed since the last proclamation
of the banns. If a marriage is delayed six months
after the proclamation of the banns they should be
announced again (1030).

When a doubt has arisen regarding the existence
of an impediment that is public the pastor shall re
quire the sworn statement of two trustworthy wit
nesses and of the parties themselves if necessary to
clear up the doubt. When an impediment has been
found to exist: (1) if it is secret the pastor will refer
the matter to the Bishop or to the Sacred Penitentiary
without giving the names of the parties; (2) if it is a
public impediment he will apply to the Bishop for

128 A DICTIONARY OF CANON LAW

the necessary dispensation, and not announce the banns
until it is obtained. If the parties are free to marry
the pastor will proceed with the ceremony after the
publication of the banns (1031). Excepting in a case
of necessity the pastor will obtain the permission of
the Ordinary to assist at the marriage of vagrants
(1032). The pastor will teach the parties to be mar
ried the sanctity of marriage and the obligations of
married persons and of parents (1033). He will pre
vent marriages between Catholics and non-Catholics
as far as possible (1064, 1071), and refuse to marry
parties against the lawful objection of their parents,
without the consent of the Ordinary (1034). Catho
lics who contract marriage before a non-Catholic min
ister are excommunicated (2319, 1,1). (See Impedi
ments, Affinity, Consanguinity, Dispensations, etc.)

315. Marriage, Second. Though chaste widowhood is
more honorable, second and further marriages are
valid and licit when there is legal proof of the in
validity or the dissolution of the first marriage (1069,
2; 1142). A woman who has received the nuptial
blessing once, can not receive it again in a subsequent
marriage (1143).

316. Marriage, Time and Place of. Marriage may be
contracted any time of the year. Only the solemn
nuptial blessing is forbidden from the first Sunday
in Advent to Christmas inclusively, and from Ash

A DICTIONARY OF CANON LAW 129

Wednesday to Easter Sunday inclusively. For a
grave reason the Bishop may permit it even during
these seasons (1108). The marriage between Catho
lics shall be contracted in the parish church. With
out the permission of the Bishop or the pastor it can
not take place elsewhere. Only in some extraordinary
case, and for good reasons may the Bishop permit it
to take place in a private house. He should not per
mit it to take place in a seminary or convent chapel
without urgent necessity and with due precautions.
Marriage between a Catholic and a non-Catholic shall
be contracted outside the church ; but if the Ordinary
thinks this cannot be done without causing greater
evils, it is left to his judgment to permit it to take
place in the church, but never with nuptial Mass
(1109, 1102).

317. Marriage Validated by a Sanatio in Radice. The

sanatio in radice of marriage is its validation, which
imparts, besides a dispensation from, or a cessation
of an impediment, a dispensation from the law of
renewing the consent, and a retroaction by fiction of
law in reference to the canonical effects in the past
state while the union was invalid. The validation
takes place at the moment of granting this favor.
The retroaction, however, is to be understood to reach
back to the beginning of the marriage, unless it is
expressly stated otherwise in the rescript. The dis
pensation from renewing the consent can also be given

130 A DICTIONARY OF CANON LAW

unknown either to one or to both parties (1138).

Any marriage contracted with a consent of both
parties that would naturally suffice, but which is
juridically ineffective on account of a diriment im
pediment of ecclesiastical law, or on account of a
defect in the prescribed form, can be validated by the
sanatio in radice, provided the consent perseveres.
But the Church does not validate a marriage con
tracted with an impediment of the natural or the
divine law with a sanatio in radice, even though the
impediment ceases afterwards, not even from the mo
ment of the cessation of the impediment (1139).

If either in both or in one party the consent has
ceased the marriage cannot be validated by a sanatio
in radice. This holds not only when there was no
consent from the beginning, but also when it was first
given and then revoked. But if consent was wanting
in the beginning and was given later on the sanatio
in radice can be applied from the moment that con
sent was given (1140). The sanatio in radice can be
granted only by the Holy See (1141).

318. Marriage, Validation of. To validate a marriage
invalidated by a diriment impediment it is necessary
either that the impediment cease or is dispensed, and
that at least the party conscious of the impediment
renew the consent. This renewal of consent is re
quired by ecclesiastical law for the validity of the
marriage, although both parties gave their consent and

A DICTIONARY OF CANON LAW 131

did not revoke it afterwards (1133). This renewal
of consent must be a new act of the will for the mar
riage that is known to have been invalid from the
beginning (1134). If the impediment is public, the
consent must be renewed by both parties in the form
prescribed by law. If it is occult and known to both
parties, it suffices that the consent be renewed privately
and secretly by both parties. If it is occult and
known only to one party, it suffices that the party who
knew of the impediment, privately and secretly renews
the consent, provided the other party has not retracted
the consent (1135).

Marriage which is invalid on account of want of
consent is validated if the party who did not consent
does now give the consent, provided the consent of
the other party perseveres. If the defect of consent
was merely internal, it is sufficient that the party who
did not consent now gives consent by an internal act.
If the want of consent was also manifested externally,
it is necessary to renew consent externally, either in
the form prescribed by law, in case the want of con
sent was public, or in some private and secret, but out
ward manner, if the want of consent was occult
(1136). Marriage, which is null and void on account
of want of the prescribed form, must be validated by
contracting it according to the prescribed form (1137).

319. Marriage with Non=Baptized. A marriage con
tracted between a person not baptized and a per-

132 A DICTIONARY OF CANON LAW

son baptized in the Catholic Church, or converted
from heresy or schism, is invalid. If a party was
commonly held to be baptized when the marriage was
contracted, or if the baptism was doubtful, the validity
of such a marriage must be upheld until it is proved
with certainty that one party was baptized and the
other was not (1070). All that has been said above
on mixed marriages must likewise be applied to mar
riages where there is the impediment of disparity of
worship (1071).

320. Mary. All the faithful should honor the Blessed
Virgin Mary with filial affection (1276).

321. Masons. Catholics who join the Masons incur
excommunication reserved to the Holy See (2335).

322. Mass, Celebration of. Only priests can celebrate
Mass (802). They must celebrate Mass several times
in the year (805). Without special permission they
can say Mass only once a day with the exception of
Christmas and the feast of All Souls (806, 1). They
must be free from mortal sin (807) and fasting from
midnight to celebrate worthily (808). They should
have a server (813, 1) who is not a woman (813, 2).
They should wear the proper vestments without skull
cap or ring (811) and without assistant priest (812).
They must use unleavened bread and natural wine,
with a few drops of water (814, 815). They must

A DICTIONARY OF CANON LAW 133

use the liturgical language of their rite, follow the
rubrics closely without adding prayers or ceremonies
(818). They should celebrate on a consecrated altar
and in a church or oratory (822, 1). They should
not begin earlier than an hour before twilight, nor
later than an hour after noon (821). They cannot
celebrate in a desecrated church. They must cease
instantly if the church is violated during Mass before
the beginning of the Canon, otherwise after the Com
munion (1173). A strange priest in good standing
who is known or has his celebret may say Mass in
any church (804).

323. Mass, Hearing of. The faithful are bound to hear
Mass on all Sundays and Holy-Days of obligation
(1248). They fulfill the obligation by hearing Mass
according to any Catholic rite in any place but a
private oratory (1249). Seminarians should assist
daily at Mass (1367, 1). Religious superiors should
make provision for their subjects to hear Mass daily
(595, 1, 2).

324. Mass pro Populo. The Bishop must say Mass for
the people on all Sundays and holy-days, even on the
holy-days that have been suppressed (339, 1). A
pastor must say Mass for his people the same as the
Bishop; a quasi-pastor, a Vicar and a Prefect Apos
tolic must say Mass for the people at least on Christ
mas, Epiphany, Easter, Ascension, Pentecost, Corpus

134 A DICTIONARY OF CANON LAW

Christi, Immaculate Conception, Assumption, St.
Joseph, SS. Peter and Paul, and All Saints (306).
Assistants are not bound to say Mass for the people
(475, 2; 476, 6).

325. Master of Novices. The novice-master is placed
in charge of the novitiate. He must be at least thirty-
five years old, at least ten years professed, and known
for his prudence, charity, piety and regular observ
ance. In clerical religious communities he must be
a priest. If circumstances require it he may have a
sub-master, who shall be under his authority in the
management of the novitiate. The sub-master must
be at least thirty years old and five years professed,
and possess other necessary and useful qualifications.
Both must be free from all offices and responsibilities
that would interfere with the care and government
of the novices (559). The master and sub-master of
novices shall be elected according to the constitu
tions, and, if these fix the term of office, the master
and sub-master should not be removed from office
during their term, except for a grave and just cause.
They may be reelected (560).

The novice-master has the right and duty to pro
vide for the novices of the institute and to govern
the novitiate. All others are forbidden to interfere,
excepting superiors with authority from the constitu
tions and the Visitor. Both master and novices, how
ever, are subject to the local superior in the general

A DICTIONARY OF CANON LAW 135

discipline of the house. The novice is subject to the
master and to the superiors of the Order and must
obey them (561). The novice-master has the serious
responsibility of instructing the novices zealously in
the practices of the religious life according to the
constitutions and the rules of Canon 565 (562). Dur
ing the year of the novitiate the master of novices
reports the conduct of the individual novices to the
Chapter or to the major superior, as the constitutions
direct (563).

As far as possible the novitiate must be separated
from that part of the house occupied by the professed
members, and, without a special reason and the per
mission of the superior or the novice-master, they shall
have no communication with the professed, nor they
with the novices. Lay-novices shall have a special
place assigned to them (564). The special object of
the year's novitiate should be, under the direction
of the master of novices, to form the minds of the
novices, by the study of the rule and constitutions,
by meditation and assiduous prayer, to learn what
pertains to the vows and what to the virtues of the
religious life, and how to extirpate the very seed of
vice, how to curb the wandering of the mind, and
how to acquire virtue by suitable practice. Lay-
novices should, besides, be thoroughly instructed in
Christian doctrine. For this reason at least one spe
cial instruction should be given them every week
(565) . The master of novices and the sub-master shall

136 A DICTIONARY OF CANON LAW

not hear the confessions of their novices, dwelling
with them in the same house, excepting in particular
cases where the novices for grave and urgent reasons
request it (891).

326. Master, Spiritual. During the entire course of
studies the religious shall be under the special care
of a prefect or spiritual master, who shall lead them
on in the religious life by timely admonitions and
exhortations. This prefect or spiritual master should
have the same qualifications as Canon 559 prescribes
for the master of novices (588, 1-2).

327. Medicine. Without an Apostolic indult clerics
shall not practise medicine or surgery (139, 2).

328. Meditation. The clergy should make a meditation
each day (125, 2). Religious should meditate daily
(595, 1, 1). Novices should be taught to meditate
(565). Seminarians should meditate every day
(1367, 1).

329. Metropolitan. (See Archbishop.)

330. Midwives. Midwives should know how to baptize
correctly (74?). They are excused from testifying in
court on professional matters (1755, 2, 1).

331. Military Service. Clerics shall not volunteer for
military service unless they do so with the permission

A DICTIONARY OF CANON LAW 137

of their Ordinary in countries where they are forced
to serve, in order the sooner to put in their period
of service. Clerics must not take part in internal
revolts and disturbances or help them in any way.
Clerics forfeit their clerical standing who volunteer
for military service in violation of this law (141).

332. Minister. Catholics who marry before a non-
Catholic minister are excommunicated (2319, 1, 1).

333. Missions. Catholic missions for the spread of the
faith in heathen lands are in charge of the Congre
gation of the Propagation of the Faith (252). The
Ordinaries should insist on the pastors having a mis
sion given to their parishioners at least once in ten
years. All pastors, including those of Religious Or
ders, are held to obey the Ordinary's regulations con
cerning these missions (1349). Local Ordinaries and
pastors should interest themselves in the welfare of
the souls of non-Catholics in their dioceses and par
ishes. In other territories the entire care for the mis
sions among non-Catholics is exclusively reserved to
the Holy See (1350).

334. Mixed Religion. (See Marriage, Mixed.)

335. Modernism. The rules and regulations enacted by
Pius X concerning the oath against Modernism shall
remain in force until the Holy See shall ordain other
wise. (Ada Apost. Sedis, Vol. X, page 136.)

138 A DICTIONARY OF CANON LAW

336. Monition. A monition is a penal remedy (2306,
1). After having made an investigation the Ordinary
shall admonish a person who stays in the proximate
occasion of committing an offence, or against whom
there is a grave suspicion of having committed an
offence. The monition may be made by the Ordinary
in person or by any person delegated by him (2307).

337. Monk. A religious man with solemn vows is a
monk (488, 2).

338. Month. In law a month means a period of thirty
days (32).

339. Moral Persons. (See Legal Persons.)

340. Morals. Doctrines on morals are guarded by the
Congregation of the Holy Office (247).

341. Mortgage. No ecclesiastical property can be
mortgaged without permission of the legitimate su
perior (1538).

342. Motu Proprio. A rescript prefaced with Motu
Proprio is valid even if the petition concealed some
of the truth which should have been expressed (45).

343. Music. The liturgical laws concerning sacred mu
sic in church shall be observed (1264, 1).

A DICTIONARY OF CANON LAW 139

344. Mutes. Mutes can gain the indulgences attached
to the recitation of public prayers by assisting with
the faithful at the services and raising their minds
and hearts to God. It is sufficient for them to say
their private prayers mentally, by signs, or by perus
ing them with their eyes (936).

345. Name. A Christian name should be given in bap
tism. If the parents neglect this duty, the pastor
should supply a name and enter both on the records

(761).

346. Negligence. Negligence of the Bishop in making
the visitation of the diocese is to be reported to the
Holy See by the Archbishop (274, 5). Negligence
of a pastor is to be corrected by the Bishop. He
shall admonish, correct, punish, and finally remove
him (2182-2185). Clerics in major orders who
gravely neglect the rites and ceremonies of the Church
shall be admonished and suspended according to the
gravity of their guilt (2378). He who cooperates in
a crime merely by neglecting his duty is held respon
sible to a degree proportionate to his obligation of
preventing the crime (2209, 6).

347. Non=Catholics. Pastors should interest themselves
in the souls of non-Catholics in their parishes (1350, 1) .
Non-Catholics cannot be accepted as postulants (542,
1), nor admitted into pious confraternities (693, 1),

140 A DICTIONARY OF CANON LAW

nor ordained priests (987, 1). The blessings of the
Church may be given them to obtain for them health
and the gift of faith (1149). The exorcisms may like
wise be read over them (1152). (See Marriage, Dis
pensations.)

348. Notary. The chancellor is a notary by his very
office (372). The Bishop may also appoint other no
taries whose signature will be recognized by the courts
of the Church. He may appoint a notary for all acts
or for specified acts or occasions. He may also ap
point laymen as notaries, if clerics are not available,
but in criminal cases of the clergy the notary must
be a priest (373). The office of a notary is: (1) to
write the acts and transactions in judicial proceedings,
(2) faithfully to consign to writing the proceedings,
adding place, day, month, and year, and his signa
ture, (3) to show to those who have a right to see them
the acts and documents on file and to attest that copies
agree with the original. The notary cannot write
acts outside his diocese nor for affairs foreign to his
appointment (374).

349. Novitiate. (See Master of Novices.) As far as
possible the novitiate must be separated from that part
of the house where the professed live, and without
special reason and the permission of the superior or
the master of novices these shall have no communica
tion with the professed religious, nor those with the

A DICTIONARY OF CANON LAW 141

novices (564). (See Impediments to Religion.) The
right to admit candidates to the novitiate and to sub
sequent profession, both temporary and perpetual, be
longs to the major superiors with the vote of the coun
cil of the community, according to the regulations
of the particular constitutions of each Order or Con
gregation (543).

350. Novitiate Begins. The novitiate begins with' the
reception of the habit, or in such other way as pre
scribed by the constitutions (553).

351. Novitiate, Compensation for. No compensation
can be demanded from a postulant or a novice for
expenses incurred unless the constitutions so provide,
or it is expressly agreed that the postulant or novice
on entering should pay something for food and cloth
ing (570, 1). Whatever the applicant brought along
and has not worn out shall be returned to him, if,
instead of making his profession, he leaves the con
vent (570, 2).

352. Novitiate, Confessor of. (See Confessor of Re
ligious.)

353. Novitiate, Disposal of Property During. If a

novice renounces or disposes of his benefices or prop
erty in any way during the novitiate this renunciation
or disposition is not only illicit but invalid by law

142 A DICTIONARY OF CANON LAW

(568). Before taking simple vows, whether tempo
rary or perpetual, the novice must cede the adminis
tration of his temporal goods, their use and revenues,
for the time he is bound by vow, to any person of his
choice, unless the constitutions of his Order make
other provision (569, 1). If this renunciation or dis
position was omitted because the novice had no prop
erty at the time but acquired some afterwards, or if
he disposed of what he had and acquired more after
wards, he shall dispose of its administration according
to the preceding paragraph, notwithstanding his vow
(569, 2). Before taking their temporary vows novices
in religious Congregations may also dispose by testa
ment of the property they possess or may acquire, to
any one they wish (569).

354. Novitiate, Dowry. In monasteries of women with
solemn vows the postulant must bring the dowry re
quired by the constitutions or determined by lawful
custom (547, 1). This dowry must be given to the
monastery before the reception of the habit, or at
least made certain in a way recognized by civil law
(547, 2). In Congregations of religious women the
existing custom concerning the dowry shall be ob
served (547, 3). If there is question of a community
with papal law the prescribed dowry cannot be re
mitted in whole or in part without an indult from
the Holy See. In a diocesan Congregation the Ordi-

A DICTIONARY OF CANON LAW 143

nary can grant this permission (547, 4). At the
death of the religious the dowry is acquired irrevocably
by the monastery or religious Congregation, even
though she had taken but temporary vows (548).

After the profession of a religious her dowry is to
be placed by the superioress and her council, and with
the consent of the Ordinary and regular superior, if
the convent is dependent on him, in a safe, lawful and
fruitful investment. It is absolutely forbidden to
spend the dowry in any way before the death of the
sister, even in building a convent or reducing a debt
(549). The dowry must be carefully administered at
the monastery, at the habitual residence of the Mother
General, or at the provincial motherhouse (550, 1).
The Ordinary shall diligently watch over the security
of religious dowries in his diocese, and demand an
account of them especially at the time of the visitation
(550, 2). If, for any reason, a sister of solemn or
simple vows leaves the Order her dowry must be re
turned to her entirely without the interest that may
already have matured (551, 1). But if a professed
sister goes over to another Order by an indult from
the Holy See, the new Order has the right to the
income from the dowry during the novitiate, and upon
profession the dowry itself must be turned over to the
new Order. If she is transferred to another monastery
of the same Order the dowry belongs to that monastery
from the time of her transition (551, 2).

144 A DICTIONARY OF CANON LAW

355. Novitiate, End of. The novice is free to leave the
convent, and the superiors or the chapter are free to
dismiss the novice, for any just cause specified by
the constitutions without -mentioning the cause of dis
missal to the novice (571, 1). At the conclusion of
the novitiate the novice is to be admitted to pro
fession if found worthy, otherwise he is to be dis
missed. If there still remains some doubt of his fit
ness the major superiors may extend the time of his
probation, but not beyond six months (571, 2).

356. Novitiate, Essentials. Besides freedom from in
validating impediments, the following points are re
quired for a valid novitiate: (1) the candidate must
have completed his fifteenth year on entering, (2) he
must stay in the novitiate for one continuous and
complete year, (3) he must live in the house of the
novitiate. If a longer time is prescribed in the con
stitutions than a year it is not required for the validity
of the profession, unless the constitutions expressly
state the contrary (555).

357. Novitiate, House of. The house of the novitiate
shall be erected according to the constitutions. But
in Orders and Congregations approved by Rome the
permission of the Holy See is required for the erection
of the novitiate (554, 1). As a rule there cannot be
several novitiates in the same province, if the organiza
tion is divided into provinces. If there should be

A DICTIONARY OF CANON LAW 145

grave reasons for having several novitiates a special
permission must be obtained of the Holy See (554, 2).

358. Novitiate, Interruption of. (See Interruption.)

359. Novitiate, Investiture, Profession. At least two
months in advance the superioress must notify the
Ordinary that a reception, or a profession of tempo
rary or perpetual, of solemn or of simple vows, is to
take place (552, 1). At least thirty days before the
reception or profession the Ordinary, or a priest dele
gated by him, shall examine each of those to be re
ceived into the novitiate, or admitted to profession,
whether she enters the novitiate, or makes or renews
her profession of her own free will (552, 2).

360. Novitiate, Life in. During the entire year of the
novitiate the novice shall wear the habit prescribed
by the constitutions unless the peculiar circumstances
of a place demand otherwise (557). In religious com
munities where there are two classes of novices, the
novitiate made for one class is not valid for another
(558).

361. Novitiate, Master of. (See Master of Novices.)

362. Novitiate, Privileges of. The novices enjoy all
privileges and spiritual favors granted to the Order or
Congregation. If they die as novices they have a

146 A DICTIONARY OF CANON LAW

right to the suffrages prescribed for professed mem
bers. But they shall not be promoted to orders dur
ing the novitiate (567).

363. Novitiate, Retreats in. Before they begin the
novitiate the postulants shall make a retreat for at least
eight complete days (541). Before taking vows the
novices shall make a retreat for at least eight full
days (571).

364. Novitiate, Testimonials for. In every religious
community the aspirants before they are admitted
must without exception submit certificates of Baptism
and Confirmation (544, 1). In Orders and Congre
gations of men the applicants must, besides, procure
testimonial letters from the Bishop of their birth
place as also from all other Bishops in whose dioceses
they have lived for more than one morally continuous
year after their completed fourteenth year of age.
Any privilege exempting from this obligation is re
voked (544,2).

If there is question of admitting those who have
been in a seminary or college, or in the postulate or
novitiate of another Order or Congregation, the tes
timonials of the rector of the seminary or college,
after consulting with the Ordinary, or of the major
religious superior are required in addition to the tes
timonials spoken of in the preceding paragraph
(544, 3). For the admission of clerics there are re-

A DICTIONARY OF CANON LAW 147

quired only the testimonials of ordination and of the
bishops in whose dioceses they have lived since ordi
nation for more than one morally continuous year,
as also of the rector of the seminary where they
studied (544, 4).

A professed religious, who by permission of the Holy
See joins another Order, needs only the testimonials
of the major superior of the former Order (544, 5).
In addition to these testimonials the major superiors,
who have the right to receive applicants, may demand
of them such other testimonials as seem necessary or
useful to their purpose (544, 6). Women should be
received only after accurate investigation as to their
character and disposition has been made. In case
they have attended some boarding school the testi
monial of the directress of the school is required
(544, 7).

He who has to write the testimonials prescribed by
these canons shall issue them within three months from
the day they are asked. He shall not give them to
the applicant, however, but to the religious superiors
and shall append his seal. In case of seminarians,
college students, and former postulants or novices in
another Order, the superior or rector shall confirm
his testimonial by oath (545, 1). If he, of whom
testimonials are requested, thinks he cannot answer
for serious reasons, he shall explain his conduct to
the Holy See within three months (545, 2). If
those who are asked for testimonials answer that

148 A DICTIONARY OF CANON LAW

the applicant is not sufficiently known to them
the religious superior shall try to obtain the in
formation from other reliable sources. If they make
no reply the superiors shall inform the Holy
See about the failure to receive a reply (545, 3),
after they have instituted a diligent investigation
even by secret inquiry. The persons thus consulted
are gravely bound in conscience to tell the truth in
these testimonials about the origin, morals, talents,
character, reputation and studies of the candidate,
whether he has incurred any censure, irregularity
or other canonical impediment, whether his family
needs his help, and, finally, if he has been in a novi
tiate, seminary or college, why he was dismissed, or
why he left of his own accord (545, 4). All who
receive the above information are strictly bound not
to reveal to any one the information they have re
ceived and the persons who sent it (546).

365. Nullity of Marriage. (See Marriage.)

366. Nullity of Religious Profession. (See Profes
sion. )

367. Nun. A religious woman with solemn vows is a
nun (488,7).

368. Nuptial Blessing. The nuptial blessing can be
given only in Holy Mass with the observance of spe-

A DICTIONARY OF CANON LAW 149

cial rubrics. The pastor should see that the couple
receives it. It can be given them also after they have
lived in marriage for a long time (1101, 1). It can be
bestowed only by a priest who can validly and licitly
assist at marriage (1101, 2). It cannot be given
during Advent or Lent (1108, 1), without the special
permission of the Ordinary (1108, 2). A woman who-
has once received the nuptial blessing cannot receive
it again in subsequent marriages (1143).

369. Oath. An oath is the invocation of the divine name
in witness of the truth. It cannot be taken except with
truth, judgment, and justice (1316, 1). It cannot be
taken by proxy (1316, 2). Whoever freely swears to
do something is bound by religion to do it (1317, 1).
An oath extorted by grave violence or fear is valid,
but may be dispensed from by an ecclesiastical su
perior (1317, 2). An oath that was freely taken, and
includes the renunciation of some private good or
right, must be kept unless it would lead to the loss
of one's soul (1317, 3). A promissory oath that di
rectly involves harm to others, to the common weal,
to the eternal salvation of the person promising, is
invalid (1318). Whoever has the power to dispense
from vows may also dispense from oaths (1320). An
oath must be strictly interpreted according to law and
the intention of the person taking it (1321).

370. Obedience of the Clergy. (See Clerics.)

150 A DICTIONARY OF CANON LAW

371. Ocean. Any duly authorized priest may hear con
fessions on the ocean (883). The privilege to cele
brate everywhere does not include permission to say
Mass on the ocean (822). Cardinals and Bishops may
say Mass on the ocean (239, 8; 349, 1).

372. Offences. An offence is an external and morally
imputable violation of a law or precept to which a
canonical penalty is attached (2195). The quality of
the offence is measured by the gravity of the law
violated, by the malice of the act, and by the harm
done (2196). An offence may be public or occult,
notorious by fact or by law (2197). An offence
against the laws of the Church is justly punished by
the Church (2198).

373. Office. (See Divine Office.)

374. Office, Ecclesiastical. The office imposed on a
cleric by the Bishop must be accepted and faithfully
attended to until the Bishop relieves him (128). An
ecclesiastical office is a spiritual employment (145).
It is obtained by appointment (147). If it has the
care of souls attached to it, it can be given only to a
priest (154). It should not be given to relatives or
favorites (157).

375. Oils, Holy. The holy oils are blessed by the Bishop
on Holy Thursday. They must be renewed every
year. A small quantity of olive oil may be added to

A DICTIONARY OF CANON LAW 151

make them last longer (734). The pastor must obtain
them from the Bishop and keep them in a safe place
under lock and key. He may keep them in the house
for a good reason approved by the Ordinary (735).

376. Oratory. An oratory is a place destined for divine
worship. It is public if it is accessible for all the
faithful to worship there; semi-public if it is erected
for the convenience of a community ; private or domes
tic if erected in a private house for the use of an in
dividual or family (1188) . The oratories in the homes
of Cardinals and Bishops have all the privileges of
semi-public oratories (1189). Chapels erected in
cemeteries by private individuals have the nature of
private oratories (1190). Public oratories are classed
as churches in law (1191). Semi-public oratories can
not be erected without the permission of the Ordinary
(1192), but when erected all ceremonies not forbidden
by the rubrics or the Ordinary may be carried out in
them (1193). In private oratories in cemeteries the
Ordinary may permit several Masses to be habitually
celebrated. In private oratories in private homes he
may permit a Mass only on some extraordinary occa
sion (1194). Private oratories, which have received
an indult from the Holy See to have Mass, may have
one Mass daily, excepting the greater feasts of the
Church, but no other ecclesiastical services. The Ordi
nary may allow this Mass even on the greater feasts
(1195). Private oratories cannot be consecrated or

152 A DICTIONARY OF CANON LAW

blessed like churches. Private and semi-public ora
tories need not be blessed. They may be blessed with
the blessing of a place or a house. They must be re
served exclusively for divine services (1196).

377. Orders. The power of Orders, which has been at
tached to an office by the legitimate ecclesiastical su
perior, or has been committed to a person by him,
cannot be delegated to others unless the law or an
indult explicitly allows delegation (210). The Sacra
ment of Orders distinguishes the clergy from the laity
(948).

378. Ordinary. An Ordinary is any dignitary in the
Church who exercises jurisdiction in virtue of his
office. He may be Pope, Bishop, Abbot Nullius, and
their vicars general, administrator, vicar and prefect
apostolic, and those who succeed them in time of
vacancy, or the major superiors in exempt clerical
organizations (198).

379. Ordination. Ordination places clerics in the de
grees of the power of orders (109), and distinguishes
them from the laity (948). It must be conferred by
the Bishop of the cleric, or with his dimissorial letters
(955, 1). Religious are promoted to Orders under the
title of community life (587, 1). A baptized man
can validly receive Orders, but to receive Orders licitly
the candidate must have the qualifications required by

A DICTIONARY OF CANON LAW 153

the sacred canons and be free from irregularities

(968).

380. Ordination, Qualifications for. The Bishop must
not ordain any one of whose fitness he is not morally
certain (973). Subdeacons must have completed their
twenty-first year, deacons their twenty-second, and
priests their twenty-fourth (975). The student must
have begun his theology to become a cleric, have nearly
completed his third year in it for subdeaconship, have
begun his fourth year for deaconship, and have half
finished it for priesthood (976). The intervals must
be observed in conferring the Orders (978) and the
major orders must be conferred with a canonical title
(974, 1, 7).

381. Ordination, Requisites for. Candidates must
manifest their intention of receiving Orders to the
Bishop or his representative before the time of ordi
nation (992) and have the following testimonials:

(1) of Baptism, Confirmation, tonsure, and of the
last Order received;

(2) of studies required for the various Orders;

(3) of good moral standing from the rector or priest
in charge;

(4) of every Ordinary in whose diocese they could
have contracted a canonical impediment ;

(5) and of the major superior if the candidate is
a religious (993).

154 A DICTIONARY OF CANON LAW

The names of those to be promoted to the different
major Orders are to be announced in their parish
churches unless they are religious with perpetual vows

(998).

382. Organ. Organ or other music is not allowed dur
ing an interdict (2271).

383. Orientals. The Code does not apply to the Orien
tals (1). They should not confirm or be confirmed
in the Latin rite, nor be confirmed by priests of the
Latin rite (782, 4-5). A priest of the Oriental rite
must have a testimonial of the Sacred Congregation
of the Oriental Rite to say Mass in a church of the
Latin rite (804, 1). Orientals may be absolved by
priests of the Latin rite (881, 1). A Latin Bishop
needs the permission of the Holy See to ordain a sub
ject of the Oriental rite (955, 2). With the permis
sion of the Holy See a cleric of the Oriental rite may
receive the rest of the Orders in the Latin rite (1004).
Orientals who marry Latins must be married according
to the Latin rite (1099, 1, 3). To enter a convent
of the Latin rite Orientals need the written permission
of the Sacred Congregation for the Oriental Eite
(542, 2). Orientals need an authentic recent per
mission of the Sacred Congregation for the Oriental
Rite to collect money in any diocese of the Latin rite
(622, 4).

A DICTIONARY OF CANON LAW 155

384. Orphanages. (See Institutions.)

385. Pallium. The pallium indicates archiepiscopal
power. It must be asked for by the Metropolitan
within three months after his consecration or appoint
ment (275). Before he has received it he cannot ex
ercise Metropolitan jurisdiction (276). He may use
it at solemn pontifical Mass in his province (277). If
he loses it, or is transferred to another Metropolitan
see, he must obtain a new one (278). It must be
buried with the Metropolitan at his death (279).

386. Palls. Palls should be handled only by clerics or
by those who have the care of them (1306, 1). They
must be washed by clerics in major Orders before
they are given to the laity to be washed (1306, 2).

387. Parents. Parents must give their children an edu
cation, and provide for them temporally (1113).
Parents, guardians and masters must instruct those
in their charge in the faith (1335). They should not
baptize their own children, excepting in case of neces
sity (742, 2) nor act as sponsors for them (765, 3;
795, 3). They shall judge of their disposition for
first Holy Communion (854, 4) and answer for them
in court (1648). They cannot go to the convent if
the children need their support (542, 2). They may
choose the church from which those children are to be

156 A DICTIONARY OF CANON LAW

buried who have not arrived at the age of puberty
( 1224, 1 ) . (See Education of Children, Schools. )

388. Parishes. Parishes are to be formed in every
diocese (216, 1). They are to be territorial and not
for nationalities or families (216, 4). They ought to
have a fixed and proportionate dowry (1415, 1) but
may be established without a dowry if they can obtain
a necessary income in some other way (1415, 3) . They
are not to be established in churches of sisters, whether
their vows be simple or solemn (609, 2). They ought
to be established as immovable unless the Bishop
thinks otherwise (454, 3). They ought to be given to
the priest best qualified to manage them (459, 1).
Every parish should have a Confraternity of the
Blessed Sacrament and a Confraternity of Christian
Doctrine (711, 2), and its own cemetery unless the
Bishop establishes one cemetery for all parishes in a
town (1208, 1). They are subject to Seminary tax
(1356, 1). When a vacancy occurs it should be filled
by the Bishop within six months (458). In the mean
time he shall put the parish in charge of an adminis
trator (472, 1). A parish may become vacant by the
resignation, the removal, the transfer, and the non-resi
dence of the pastor (2150, 1; 2153, 3; 2167; 2169).
If a pastor appeals to the Holy See, the Ordinary
cannot definitively appoint a successor (2146, 3). If
a new church is built in a parish the name of the old
one must be given it (1187).

A DICTIONAEY OF CANON LAW 157

389. Pastors, Appointments of. A pastor is a priest
or a moral body appointed to attend to the care of
souls under the authority of an Ordinary (451, 1).
He is the proper pastor of all who have a domicile or
quasi-domicile in his territory (94). When the pastor
is a moral body, a vicar must be appointed for the
actual care of souls (452, 2). A pastor should be a
priest of good habits, learned, zealous and prudent,
and endowed with those other virtues and traits which
will enable him to govern his parish to the satisfac
tion of each and all of the parishioners (453) . Though
the appointment of all is permanent some pastors are
classed as movable and others as immovable (454).
With the exception of the parishes reserved to the
Holy See the right to appoint pastors belongs to the
Ordinary (455, 1). In parishes in charge of religious
the major superior presents a priest to the Ordinary
to be pastor (456). Within six months (458) the
Bishop ought to appoint the most suitable candidate
(459, 1) known from private documents in the Curia
(459, 3, 1). He becomes pastor by taking possession
(461).

390. Pastors, Consultors. (See Consultors, Parish.)

391. Pastors, Jurisdiction of. The pastor obtains jur
isdiction from the Ordinary (873, 1). In individual
cases he may dispense his parishioners for good reasons
from the obligation of feast, fast and abstinence (1245,
1), but from no other laws (83). During the paschal

158 A DICTIONAKY OF CANON LAW

time he may absolve from sins reserved by the Ordi
nary (899, 3). In guarding the secrets of his office
he is not bound to reveal them even on the witness
stand (1755, 2, 1). He has a right to attend the
synod (358, 1, 6-7). Excepting in case of necessity
he should not be vicar general (367, 3). He should
make frequent use of religious in hearing the con
fessions of his people (608, 2). He should take an
interest in the non-Catholics of his territory (1350, 1).
He should take a paternal interest in his assistants
(376,7).

392. Pastors, Obligations of. A pastor must make a
profession of faith before taking possession of his
parish (461). He must live in his parish (465, 1)
excepting while he takes his vacation (465, 2) and
makes his retreat (465, 3). He must obtain per
mission from the Ordinary to be absent over a week
and provide for the care of the faithful (465, 4-5).
He must say Mass for his parishioners on Sundays
and holy-days (466), recite the Divine Office, and know
his people (467, 1). He must administer the Sacra
ments, and see that infants are baptized as early as
possible (770). He must see that doctors, midwives
and nurses know how to baptize correctly (743), that
those baptized receive Christian names (761), that the
faithful are confirmed at the right time (787), that
those disposed be not kept from Holy Communion
(854, 5) but receive frequently and even daily (863).

A DICTIONARY OF CANON LAW 159

He should ever be on hand to hear confessions (892, 1)
and see to it that none of the faithful die without
Extreme Unction (468, 1). He must publish the
names of the persons to be ordained (998) and send
the testimonial letters about their lives and morals to
the Curia (1000, 1). He must make the prescribed
investigations and publications before marriage (1019-
1031), see that those to be married have their bap
tismal and confirmation certificates (1021), teach them
the sanctity of marriage (1033), and all the parish
ioners the impediments of marriage (1018). He must
see to it that the young couple receive the nuptial
blessing (1101, 1). He must visit and help the sick
(468, 1) and guard that nothing undermine the faith
and morals of his people, especially of the children
in school (469).

It is the duty of the pastor to keep the parochial
records and archives (470), to preach on Sundays and
holy-days (1344, 1), and personally (1344, 2) to give
regular catechetical instructions to children and adults
(1330-1332). In the instruction of the children he
may use the help of others, clerics and religious (1333).
He shall provide a mission for his people at least
every ten years (1349), and foster vocations to the
priesthood (1353). He shall obtain his holy oils from
the Bishop and preserve them carefully (735, 946).
He shall warn the faithful against evil literature
(1405, 2), prevent mixed marriages (1064), and mar
riages with non-Catholics (1071).

160 A DICTIONARY OF CANON LAW

393. Pastors, Punishment of. If a pastor will dare
to stir up the people in an effort to thwart the exercise
of ecclesiastical jurisdiction, to take up public sub
scriptions for himself, to excite the people by word
or writing, or to do other similar things, he shall be
punished according to the prudent judgment of the
Ordinary, if need be even with suspension (2337, 1).
In like manner the Ordinary shall punish the priest
who will stir up the people in any way to impede the
entrance of a priest into the parish who has been
legitimately appointed pastor or administrator (2337,

2).

If a pastor has seriously neglected the administra
tion of the Sacraments, the care of the sick, the in
struction of the children, preaching on Sundays and
holy-days, the care of the church, of the Blessed Eucha
rist or of the holy oils, he shall be admonished, rep
rimanded, and removed from office (2382).

Those who demand fees above the ordinary and
legitimate charges sanctioned in the diocese are to be
punished with heavy fines. If they fail again in the
same matter they are to be suspended or removed from
office according to the gravity of their offence, besides
having the obligation of restoring the money they
unjustly obtained (2408).

394. Pastors, Religious. Religious pastors may be re
moved by the Bishop and by their superiors (454, 5).

A DICTIONARY OF CANON LAW 161

They are presented by the superior and appointed by
the Ordinary (456). They are subject to their re
ligious superiors in religious discipline (630, 2), and
to the Bishop in the management of the parish (631, 1).
They have the obligation to keep their vows and consti
tutions as far as this observance will harmonize with
their official duties (630, 1), and notwithstanding their
vow of poverty they may accept, collect, and admin
ister money for the benefit of the parishioners, for a
Catholic school, and for other pious institutes of the
parish. They may likewise spend this money accord
ing to the prudence of their judgment and the inten
tion of the donors (631, 1, 4). Whatever they acquire
as pastor, they acquire for the parish (630, 3). When
finding the pastor neglectful in his office the Bishop
can issue commands and punish him with ecclesiastical
penalties. The religious superior, however, has the
same right as the Bishop to proceed against the neg
lectful pastor. If the Bishop and the superior dis
agree, the orders of the Bishop shall prevail (631, 2).
Both the Bishop and the religious superior have equal
rights in removing the pastor, and neither has to give
an account of his action to the other (454, 5).

395. Pastors, Rights of. (See Functions, Parochial)
The pastor has a right to the revenue assigned to
him by legitimate custom or legal taxation (463, 1).
He would be bound to make restitution if he took more

162 A DICTIONARY OF CANON LAW

(463, 2). He must care for the poor gratis (463, 4).
He is the pastor of all souls in his territory not
exempted by the Pope or the Bishop (464).

396. Patriarch. The titles of Patriarch and Primate
are titles of honor and precedence, but confer no spe
cial jurisdiction (271). They are to be summoned for
a general council (223, 1, 2). A Patriarch precedes
a Primate, a Primate precedes an Archbishop, and
an Archbishop precedes a Bishop (280).

397. Patronage, Right of. The right of patronage de
notes the privilege which the law granted to those who
founded a church, chapel or benefice. It consisted in
choosing in perpetuity the priest to be in charge. In
future this right cannot be established (1448-1450).

398. Pauline Privilege. (See Validation of Marriage.)

399. Payment to ex=Religious. Religious who leave
their Order or Congregation at the expiration of their
temporary vows, by dispensation or secularization, or
are dismissed, cannot demand any compensation for the
work they performed for the Order or Congregation
(643).

400. Penalties. An ecclesiastical penalty is the priva
tion of some good for the correction and punishment
of the delinquent (2215). There are three kinds of

A DICTIONARY OF CANON LAW 163

penalties in the Church: corrective punishments or
censures; punitive penalties; and penal remedies or
penances (2216).

401. Penalties, Corrective. (See Censures, Excommu
nication, Interdict, Suspension.)

402. Penalties, Punitive. The punitive penalties tend
to expiate crime (2286). They are principally: re
moval from office, deposition, and degradation (2288).
The punitive penalties which may affect a community
are: (1) a local interdict; (2) an interdict from en
tering a church; (3) penal transfer or suppression of
a parish or diocese; (4) infamy of law; (5) privation
of ecclesiastical burial; (6) privation of the Sacra
ments; (7) privation of pensions; (8) prohibition to
exercise legal ecclesiastical action; (9) inability to re
ceive ecclesiastical favors; (10) privation of past
favors; (11) privation of titles; (12) pecuniary fines
(2291). The punitive penalties inflicted only on the
clergy are: (1) prohibition to exercise the sacred min
istry in a certain church; (2) suspension; (3) transfer
to an inferior parish; (4) privation of some official
right; (5) inhability to certain offices; (6) privation
of office; (7) prohibition to stay in a certain territory;
(8) command to stay in a certain place; (9) privation
of ecclesiastical garb for a time; (10) deposition;
(11) perpetual privation of ecclesiastical garb; (12)
degradation (2298).

164 A DICTIONARY OF CANON LAW

403. Penalties, Remedial. The penal remedies are: (1)
monition; (2) correction; (3) precept; (4) surveil
lance (2306). In the external forum penances are
imposed that the delinquent may either escape the
penalty which a canonical trial might inflict, or that
a delinquent may obtain absolution or dispensation
from a penalty he has contracted (2312, 1). The
principal penances are: (1) to recite specified
prayers; (2) to undertake a pious pilgrimage or other
works of piety; (3) to observe a special fast; (4) to
give alms for pious purposes; (5) to make a retreat
in a pious institution or a religious house for some
days (2313).

404. Penance, Sacrament of. By this Sacrament the
sins committed by the faithful after Baptism may be
forgiven (870). The priest alone is the minister of
penance (871) who obtains either ordinary or dele
gated jurisdiction (872). (See Absolution, Confessor,
Confession, Jurisdiction, Pastor, Approbation, Reser
vation.)

405. Penitentiary, The Sacred. The Sacred Peniten
tiary is a tribunal of the Roman Curia having juris
diction over affairs that concern the internal forum,
both sacramental and non-sacramental. It grants
favors for the internal only : absolutions, dispensations,
commutations, sanations, and condonations. It dis
cusses and decides questions of conscience (258, 1).

A DICTIONARY OF CANON LAW 165

It also judges of all things pertaining to the use and
granting of indulgences (258, 2).

406. Pensions. A pension is similar to a benefice but
differs from it (1412, 4). At the time of conferring
a benefice the Ordinary may impose on it a temporary
pension to last for the life of the person receiving the
benefice (1429, 1). In favor of the retiring pastor or
parochial vicar the Ordinary may impose a pension
of one- third of the net revenue of the parish (1429, 2).
Pensions imposed on benefices by the Pope or others
cease with the death of the pensionary (1429, 3).
After a pastor has been removed he may be pensioned
(2154, 1). To deprive one of his pension is a vindic
tive penalty (2291, 7).

407. Personal Laws. Personal laws are binding in any
place, territorial laws are not (8).

408. Persons. (See Legal Persons.}

409. Philosophy. The philosophy of St. Thomas must
be taught in all seminaries (1366, 2). It must be
a two years' course (589, 1).

410. Places, Sacred. Sacred places are blessed or con
secrated either for divine worship, or for the burial
of the faithful (1154). The blessing of sacred places

166 A DICTIONARY OF CANON LAW

is reserved to the Ordinary (1155). Even those who
enjoy special privileges must obtain the permission of
the Ordinary to bless sacred places (1157).

411. Pontiff, Roman. The Roman Pontiff has supreme
jurisdiction over the entire Church (218). He re
ceives it by divine right (219). Major cases are
reserved to the Roman Pontiff (220). His renuncia
tion of office needs no acceptance by Cardinals to be
valid (221). He is the highest superior of all relig
ious (499). A personal attack on the Roman Pontiff
is punished with excommunication, most specially re
served to the Holy See (2343). All persons who
appeal from the decision of the Roman Pontiff to a
General Council incur excommunication specially re
served to the Holy See (2332). He is infallible when
speaking ex cathedra (1323, 2).

412. Postulants. In religious organizations with per
petual vows all women, and the lay brothers in or
ganizations of men, must spend at least six full months
as postulants before they can be admitted to the novi
tiate. But in organizations of temporary vows the
constitutions are to be observed in regard to the time
and the necessity of the postulate (539, 1). The
major superior may prolong the time of the prescribed
postulate but not for more than another six months
(539, 2) . The postulate may be spent under the direc
tion of a religious of tried virtue either in the house

A DICTIONARY OF CANON LAW 167

of the novitiate or in another house of the organiza
tion in which religious discipline is accurately ob
served according to the constitutions (540, 1). The
postulants shall wear plain clothing but different from
that of the novices (540, 2). In monasteries of nuns
with solemn vows candidates are held to the inclosure
while they are making their postulate (540, 3). Be
fore they begin their novitiate the postulants shall
make a retreat during at least eight full days, and,
according to the judgment of their confessor, a general
confession of their past life (541).

413. Power. The power of jurisdiction can be exer
cised only in favor of subjects (201).

414. Preaching. The office of preaching the Catholic
faith is committed principally to the Pope for the
universal Church, and to the Bishops for their dioceses
(1327, 1). Unless they are legitimately prevented
Bishops are bound in virtue of their office to preach
the Gospel personally; and moreover, besides the pas
tors, they should employ the help of other qualified
men for the salutary fulfillment of the office of preach
ing (1327, 2). No one is allowed to exercise the
ministry of preaching unless he has received a com
mission from a legitimate superior, either by special
faculty, or by appointment to an office to which the
duty of preaching is attached by the sacred canons
(1327, 2).

168 A DICTIONARY OF CANON LAW

415. Preaching, Authorization for. Only the Ordinary
can authorize the secular clergy and non-exempt re
ligious to preach (1337). If a sermon is to be
preached only to exempt .religious and the members
of their household the superior of clerical religious
grants the authorization according to the constitutions.
He may also authorize secular priests and other relig
ious who have the authorization of the Ordinary or of
their superior to preach (1338, 1). If the sermon is to
be preached to others or to nuns subject to regulars,
the Ordinary of the place where the sermon is to be
preached grants the authorization even to exempt re
ligious. The preacher who is to address exempt nuns,
however, must besides obtain the permission of the
regular superior (1338, 2). The Ordinary of the
place grants the authorization to preach to lay re
ligious even though exempt, but to use this authoriza
tion the preacher must have the approval of his relig
ious superior (1338, 3). The local Ordinaries should
not without grave reason refuse authorization for those
religious to preach, who are presented by their own
superior, nor summarily recall the permission which
was granted, especially to all the priests of a commu
nity (1339). Religious priests need the permission of
their superior to use this authorization licitly (1339,
2). The consciences of the local Ordinary and of
the religious superior are burdened with the respon
sibility not to grant this authorization or permission
to any one who was not examined and is known to

A DICTIONARY OF CANON LAW 169

possess good morals and sufficient knowledge (1340, 1).
They are to recall this authorization and permission
if they learn after granting it that the preacher is
wanting in the necessary qualifications. When a
doubt arises about his knowledge they ought to make
sure, even by a new examination if necessary (1340, 2).
Priests from outside the diocese, whether they are
secular or regular, are not to be invited to preach
before the permission of the local Ordinary has been
obtained (1341, 1). Only priests and deacons can be
authorized to preach (1342, 1). All laymen even re
ligious are forbidden to preach in church (1342, 2).

416. Preaching, Lenten Sermons. The local Ordina
ries shall provide that during Lent sermons be
preached more frequently in cathedral and parochial
churches (1346, 1). In these sermons those points
should be specially treated which the faithful must
believe and do to be saved (1347, 1). The faithful are
to be admonished and exhorted to frequent these ser
mons (1348).

417. Preaching, Missions. The Ordinaries shall insist
that the pastors have a mission preached to their
people at least every ten years (1349, 1). All pas
tors, even religious, must obey the regulations of the
local Ordinary in this matter (1349, 2). The Ordi
naries and the pastors should take an interest in the
non-Catholics of their dioceses and parishes (1350, 1).

170 A DICTIONARY OF CANON LAW

In other territories the care of the missions is reserved
entirely to the Holy See (1350, 2). No one must be
forced to embrace the Catholic faith against his will
(1351).

418. Preaching on Sundays. The local Ordinary may
preach in any church of his territory (1343, 1). It
is the duty of the pastor to announce the word of
God on Sundays and holy-days of obligation with the
usual homily, especially at the Mass which is most
frequented by the people (1344, 1). Without the ap
proval of the Ordinary he cannot habitually fulfill
this obligation through another (1344, 2). The Ordi
nary may dispense from the preaching on the more
solemn feasts and some other Sundays (1344, 3). In
public oratories where the faithful hear Mass on Sun
days and holy-days of obligation a short explanation
of the Gospel or of some point in Christian doctrine
should be given (1345).

419. Precedence. Cardinals precede Patriarchs, Pri
mates, Archbishops and Papal Legates who are not
Cardinals (239, 21). In his own diocese a Bishop pre
cedes all Bishops and Archbishops excepting his Metro
politan, Cardinals, and Papal Legates (346). The
religious precede lay people, clerical organizations pre
cede laical, canons regular precede monks, monks pre
cede other regulars, regulars precede religious Congre
gations, Congregations of papal law precede diocesan

A DICTIONARY OF CANON LAW 171

Congregations, the secular clergy precede both laical
and clerical religious bodies, excepting in the churches
of the latter (491).

420. Precedence, Rules of. With the exception of spe
cial regulations in certain localities the following rules
govern precedence: (1) whoever represents another
obtains his precedence from him; (2) superiors pre
cede subjects; (3) where there is no authority those
of a higher dignity precede those of lesser dignity,
those of a higher order precede those of a lesser order,
and those of senior ordination those of junior ordina
tion (106).

421. Precepts. Precepts given to individuals bind them
wherever they go. They expire with the authority
of the one who gave them, unless they were given in
the form of a legal document or before two witnesses
(24).

422. Prefects Apostolic. Prefects Apostolic have the
same power of jurisdiction as a Bishop, and if conse
crated also the same power of ordination (957).

423. Prelate Nullius. (See Abbot Nullius.)

424. Prescription. Prescription, as a means of acquir
ing a right of freeing one's self from an obligation,
is accepted by the Church in reference to ecclesiastical
goods, with the following exceptions (1508). (1) The

172 A DICTIONARY OF CANON LAW

rights and duties of the divine law, (2) rights ob
tained only by Apostolic indult, (3) spiritual rights,
(4) the limits of provinces, dioceses and parishes, (5)
stipends and obligations of Masses, (6) ecclesiastical
benefices, (7) the right of visitation and obedience,
(8) the payment of the cathedraticum : are not subject
to prescription (1509). No prescription is valid un
less it is based on good faith in acquisition and pos
session (1512). Goods, rights, and actions belonging
to the Holy See are prescribed by a space of one hun
dred years (1511, 1). Goods and rights belonging to
another ecclesiastical legal person are prescribed by
a space of thirty years (1511, 2).

425. Priest. The priest must stand an examination for
three years after his ordination (130, 1). He should
daily meditate, visit the Blessed Sacrament, recite the
rosary, and examine his conscience (125, 2). Must
say Mass several times during the year, ought to say
it on Sundays and holy-days (805). May say Mass
daily, and three times on Christmas and All Souls
day (806, 1). He should not omit his studies (129).
He must attend the diocesan conferences (131, 3).
(See Cleric, Pastor, Confessor, Preaching, etc.)

426. Primary Unions. (See Archconfraternity.)

427. Primates. The title of Primate is one of honor,
not of jurisdiction (271).

A DICTIONARY OF CANON LAW

428. Privileges. Privileges may be acquired by con
cession, communication, and prescription (63). In
doubt they receive a favorable interpretation (50,
68). They are granted in perpetuity, unless stated
otherwise (70). No one is obliged to use a privilege
granted for his personal benefit (69). The Privileges
contained in the Code are revoked by a general law.
Particular privileges are revoked by a general law
when explicitly stated (71). Privileges cease by re
nunciation (72), by becoming burdensome or illicit
through the changes effected by time (77).

429. Privileges of Bishops. (See Bishop.)

430. Privileges of Cardinals. (See Cardinal.)

431. Privileges of Clerics. (See Clerics.)

432. Privileges of Religious. (See Religious.)

433. Processions, Sacred. Sacred processions are
solemn supplications made by the faithful under the
leadership of the clergy by marching from one sacred
place to another to incite devotion, to commemorate
God's favors, to thank Him for blessings, and to ask
His divine aid (1290).

434. Procurator. If one of those called to a General,
Plenary, or Provincial Council is justly impeded he

174 A DICTIONARY OF CANON LAW

may send a procurator, who may be present but not
vote (224). In organizations of religious there should
be a procurator for the administration of the temporal
goods of each house, a provincial procurator for each
province, and in organizations of men approved by the
Holy See a procurator-general. It is the duty of the
latter to transact the business of his organization with
the Holy See (517).

435. Profession of Faith. The profession of faith must
be made: (1) by all who take part in a General or
Particular Council, or a diocesan synod; (2) by those
promoted to the dignity of Cardinal, Bishop, Abbot,
Abbot Nullius, Prefect Apostolic or Vicar Apostolic;
(3) by those appointed canons, vicars general, pastors,
or otherwise having the care of souls; (4) by the rector
and professors of Catholic universities, and those who
are about to receive university degrees; (5) by supe
riors of clerical religious as often as they are elected
or appointed to an office (1406).

436. Profession, Religious. For a valid religious pro
fession it is required that: (1) the person be of legiti
mate age; (2) be admitted to profession by the le
gitimate superior according to the constitutions; (3)
after making a valid novitiate (See Novitiate) ; (4)
the profession be free from violence, grave fear or
deceit; (5) expressed in words; (6) and accepted by
the legitimate superior or his delegate; (7) for the

A DICTIONARY OF CANON LAW 175

perpetual profession, whether simple or solemn, to be
valid, a simple, temporary profession of at least three
years must precede it (572) . Whoever wishes to make
a religious profession must have completed his six
teenth year for a temporary profession, and his twenty-
first year for a perpetual profession, whether solemn
or simple (573). In every Order of men and women,
and in every Congregation with perpetual vows, the
novice, while in the house of the novitiate, must take
temporary vows for three years, or for a longer period
if the age requisite for perpetual profession requires
it, unless the constitutions require annual professions
(574, 1). The legitimate superior may extend this
time, by permitting the religious to renew his tem
porary profession, but not for more than another term
of three years (574, 2). After the time of temporary
profession has elapsed the religious will either make
his perpetual profession, which will be solemn or
simple according to the constitutions, or he will return
to the world. But even during the time of his tem
porary profession he may be sent away if he is not
found worthy to take perpetual vows (575, 1). (See
Dismissal of Religious.) The vote of the Council or
Chapter is deliberative for the first temporary pro
fession; for the subsequent perpetual profession,
whether solemn or simple, it is only consultive (575, 2).
In making the profession the rite prescribed by the
constitutions shall be observed (576, 1). The record
of the profession shall be signed by the person pro-

176 A DICTIONARY OF CANON LAW

fessed and at least by him who received it, and shall
be preserved among the documents of the institution.
Moreover, when there is question of a solemn pro
fession the Superior who receives it must notify the
pastor of the place where the professed was baptized
(576, 2). There should be no delay in renewing the
vows when the time of the temporary vows expires
(577, 1). For a just cause the superiors may permit
the renewal of temporary vows to be anticipated for
some time but not for more than a month (577, 2).

437. Profession, Religious, Consequences of. 1. Re
ligious professed with temporary vows enjoy the same
indulgences, privileges and spiritual favors as per
petually professed religious. They are bound to ob
serve the rules and constitutions, but are not bound
to say the Office privately unless they are priests.
They have neither active nor passive vote (578).

2. Simple profession renders actions against the
vows illicit. Solemn profession renders the same
illicit and invalid (579).

3. Simple profession does not interfere with the pos
session or the capacity of acquiring goods l)ut with
their administration (580, 1). (See Novitiate.)

4. Whatever the religious acquires as a religious
belongs to the community (580, 2).

5. To dispose of property the professed religious
needs the permission of his legitimate superior
(580, 3).

A DICTIONARY OF CANON LAW 177

6. Within sixty days before solemn profession the
religious with temporary vows must, under condition
of solemn profession, dispose of his goods and have
this disposal ratified according to civil law (581).

7. All goods that come to the solemnly professed
go to the Order (582).

8. The religious with simple vows cannot give away
his goods nor change the will he made before his pro
fession without permission of the Holy See, or of the
legitimate superior in case of necessity (583).

9. Parochial benefices are forfeited one year after
any religious profession; other benefices after three
years (584).

10. A profession that was invalid on account of an
external impediment is made valid by a sanatio in
radice from the Holy See or by a valid profession.
If it is invalid on account of a want of internal con
sent it is validated by giving that consent (586).

438. Prohibition of Books. (See Approbation.)

439. Promulgation of Law. The laws of the Holy See
are promulgated by publication in the Acta Apo-
stoliccB Sedis (9). The manner of promulgating the
laws of Bishops is determined by themselves (335).

440. Propaganda, Sacred Congregation of the. The

Sacred Congregation of the Propaganda of the Faith
has charge of missions for the preaching of the Gospel

178 A DICTIONARY OF CANON LAW

and Catholic doctrine. It has jurisdiction over socie
ties and seminaries founded exclusively for the train
ing of missionaries, and of councils in missionary coun
tries. It refers questions of faith and of marriage, that
come up in its territory, to competent Congregations in
the Roman Curia for settlement. It directs the mis
sionary labor of religious under its jurisdiction (252).

441. Property. (See Goods of Church, Goods of Re
ligious.) Difficulties about church property are to be
sent to the Congregation of the Council for settlement

(250).

442. Protector, Cardinal. The office of a Cardinal pro
tector is to promote the welfare of an organization of
religious by his advice and patronage. He has no
jurisdiction over the Order or its members (499).

443. Protestants. Even though they are in good faith
and ask for them, the Sacraments cannot be adminis
tered to Protestants until they have renounced their
errors and been reconciled to the Church (731). The
children of apostates, heretics, schismatics, and infidels
may be baptized in imminent danger of death without
the consent of the parents. Without that danger they
may be baptized if at least one parent or the guardian
consents and guarantees to bring the child up a Catho
lic (750, 751).

A DICTIONARY OF CANON LAW 179

444. Province, Ecclesiastical. The Holy See alone can
form, limit, divide, unite and suppress ecclesiastical
provinces (215, 1). Ecclesiastical provinces are gov
erned by a Metropolitan or Archbishop (272).

445. Province, Religious. A religious province is a
union of several houses of a religious organization
presided over by one and the same superior (488, 6).
The Holy See divides religious organizations into
provinces (494). A province is capable of acquiring,
possessing and administering temporal goods (531-
532).

446. Provocation. Provocation diminishes the imputa-
bility of a fault (2205, 4).

447. Proxy. The profession of faith cannot be made
by proxy (1407). A benefice may be taken possession
of by proxy (1445). Marriage may be contracted by
proxy (1088, 1; 1089). An oath cannot be taken by
proxy (1316, 2) . Testimony cannot be given by proxy
(1746). Sponsors may act by proxy in Baptism
(765, 5).

448. Puberty. Girls arrive at the age of puberty at
twelve, boys at fourteen (88, 2). Children who have
arrived at the age of puberty may choose the church
and cemetery for their funeral (1223, 2). Children

180 A DICTIONARY OF CANON LAW

who have not yet reached the age of puberty do not
incur the penalties latcz sententice (2230).

449. Publication. The names of those to be promoted
to the three major Orders are to be published in their
parish churches unless they are religious with per
petual vows (998).

450. Publication of Banns. (See Banns.)

451. Publishers. (See Approbation.)

452. Pyx. The pyx must be made of solid and re
spectable material (1270).

453. Quasi =domicile. (See Domicile.)

454. Quasi-pastors. The priests in charge of congre
gations in Vicariates and Prefectures Apostolic are
called quasi-pastors (216, 3). They are removable
(454, 4), appointed by the Ordinary (457), and have
the same rights and duties as pastors (451, 2, 1).
They need to say Mass for the people only on eleven
feasts ( 306 ) . ( See Mass pro populo. ) Quasi-parishes
may be taxed for the support of the seminary (1356,
1).

455. Rape. Rape consists in kidnapping a woman and
forcibly detaining her with the intention of future
marriage. While this detention lasts it establishes an
invalidating impediment to the marriage (1074).

A DICTIONARY OF CANON LAW 181

456. Reason, Use of. The use of reason is necessary to
subject one to the law (12).

457. Recall. Ordinaries may recall priests who have
gone to other dioceses without excardination (144).

458. Reception of Novices. (See Novitiate, Investi
ture.)

459. Reception of Sodalists. The reception shall take
place according to law and the statutes of each asso
ciation (694, 1). That a record may be kept of the
reception the names should be entered in the records
of the association. This recording of names is essen
tial for the validity of the reception into societies
recognized by the Church (694, 2). No payment
should be demanded on the occasion of a reception
excepting what the statutes prescribe (695).

460. Reconciliation. A desecrated church that had
been blessed can be reconciled by the rector or a priest
delegated by him (1176, 1). The reconciliation of a
consecrated church belongs to the Bishop (1176, 2).
In urgent need the pastor can reconcile it and notify
the Bishop (1176, 3).

461. Records. The pastor shall keep the parochial rec
ords of Baptism, Confirmation, Marriage, and the De
ceased. He shall keep the Census Book as correct as
possible. In the baptismal records he should insert

182 A DICTIONARY OF CANON LAW

a notice about confirmation, marriage, subdeaconship
and solemn profession. At the end of the year the
pastor should send a copy of the records to the dio
cesan Curia (470).

462. Recourse to Holy See. When recourse to the Holy
See is difficult and there is danger of harm in delay
the Ordinary may dispense from the general laws of
the Church in particular cases in which the Holy See
usually dispenses (81), especially in marriage cases
in danger of death (1043) and when an impediment
is discovered only when the marriage ceremony is
prepared and cannot be delayed without danger of
great evil (1045). In extreme matrimonial cases,
where even the Bishop cannot be approached in time,
the pastor may dispense (1044, 1045).

463. Rectors of Churches. Rectors of churches are
priests in charge of churches that are not parochial,
capitular or religious (479, 1). They are appointed
by the Ordinary, even when the church belongs to
an Order or seminary (480). Though the rector can
not perform parochial functions (481) he may hold
solemn services (482). The Ordinary may command
him to hold services at an hour convenient for the
people that live far from the parochial church (483).

464. Rectors of Colleges. Rectors of colleges are not
permitted to be the confessors of their students (891)

A DICTIONARY OF CANON LAW 183

but have the right and duty to promote their Christian
education (1372).

465. Reduction of Clerics to the Lay State. Clerics
may be reduced to the lay state: (1) by a rescript of
the Holy See; (2) by a judicial decree, when one was
forced by great fear to receive Orders; (3) by the
penalty of degradation (211, 1). A cleric in minor
Orders may return voluntarily to the lay state or be
sentenced to it by the Ordinary (211, 2). To return
to the clerical state one in minor Orders requires in-
cardination by the Ordinary, but in major Orders the
permission of the Holy See (212). Clerics who have
been legitimately reduced to the lay state forfeit all
clerical offices, rights, benefices, and privileges, and
are forbidden to wear the clerical dress and tonsure.
Those in major Orders, excepting those who were
ordained through grave fear, must observe celibacy
(213).

466. Relationship, Spiritual. Though spiritual rela
tionship is also contracted in Confirmation, only that
contracted in Baptism between the person baptized, the
one baptizing, and the sponsors produces an invalidat
ing impediment (768, 1079).

467. Relics. Questions about relics are decided by the
Congregation of Sacred Rites (253). The making,
and distributing of bogus relics is punished with ex-

184 A DICTIONARY OF CANON LAW

communication (2326, 5). Small relics may be kept
by private persons; to keep large ones they need the
permission of the Ordinary (1282). Prominent relics
cannot be permanently transferred to a church without
the permission of the Holy See (1281). If the docu
ment of authentication is lost the relic cannot be ex
posed for public veneration "without the approval of
the Bishop (1128, 1). It 10 forbidden to sell sacred
relics (1289).

468. Religious and Ecclesiastical Dignities. Without
permission of the Holy See no religious can be pro
moted to any dignity, office or benefice, incompatible
with the religious state (626, 1). When legitimately
elected he cannot accept the election without the per
mission of his general superior (626, 2). And if he
is held by his vow not to accept dignities he requires
a special dispensation from the Holy See (626, 3).
A religious who has been proclaimed a Cardinal or
a Bishop remains a religious and shares the privileges
of his Order. He remains subject to his vows and
other obligations of his profession with the exception
of those things which he judges incompatible with
his dignity (627, 1). He is exempted, however, from
the authority of his superiors, and by his vow of
obedience becomes subject to the Pope alone (627, 2).
When a religious renounces the Cardinalate or epis
copate, or has finished the work outside the Order
committed to him by the Holy See, he is bound to

A DICTIONARY OF CANON LAW 185

return to his Order, and may choose any house of
his Order as his residence, but has neither active nor
passive voice (629).

469. Religious, Confessors of. (See Confessors of Re
ligious, Manifestation of Conscience.)

470. Religious, Debts of. (See Debts.)

471. Religious, Foundation of Societies of. With the
approbation of the Holy See Bishops may found re
ligious Congregations (492, 1). Even though dio
cesan Congregations spread into other dioceses, they
remain under the jurisdiction of the Ordinary until
they obtain the approbation of the Holy See (492, 2).

The name and habit of an established society can
not be assumed by a new organization or by others
who have no right to it (492, 3). It belongs to the
Holy See to divide Congregations of papal law into
provinces and to establish new ones (494, 1). A
diocesan Congregation cannot establish a house in an
other diocese without the consent of the Bishop of the
diocese where the principal house is situated, and the
Bishop of the diocese where the new house is to be
established (495, 1). If a diocesan Congregation has
spread to other dioceses it cannot change its consti
tutions without the consent of every Bishop in whose
diocese it has a house (495, 2). For the erection of
a house of an exempt Order or Congregation, and for

186 A DICTIONARY OF CANON LAW

a monastery of nuns, the permission of the Holy See
besides the written permission of the Ordinary is re
quired; for others the permission of the Ordinary
suffices (497, 1). The permission to establish a house
of clerical religious includes the permission to have a
church or public oratory, but the religious must have
the approval of the Ordinary for the location of the
church (497, 2). To convert a religious house to
other purposes requires the same formalities as a new
foundation (497, 4).

472. Religious, Funerals of. Professed religious and
novices and their servants are to be buried from their
church or chapel. If a religious dies away from home
the superior may have the remains brought home or
buried in the place where the religious died (1221).

473. Religious Goods, Administration of. Not only
the society, but also the province, and the individual
houses are capable of acquiring and possessing tem
poral goods, together with fixed revenues and endow
ments (531). These goods are to be administered ac
cording to the constitutions. The superior, and other
officials designated by the constitutions, may make ex
penditures and perform legal acts of ordinary adminis
tration validly within the limits of their office (532).
Besides complying with the constitutions the permis
sion of the Bishop is required in the following cases :
(1) The superioress of nuns of solemn vows, and the

A DICTIONARY OF CANON LAW 187

superioress of diocesan congregations need this consent
for every investment. If a monastery of professed
nuns is subject to a regular superior his consent is also
required. (2) The superioress in a congregation of
papal law with the consent of her council, of the
Ordinary, and of the religious superior shall invest
the dowry of the sisters and not consume it before
the death of the sisters (see 549). (3) The superior
of any house of a Congregation needs the consent of
the Ordinary to dispose of real estate left by will to
promote divine worship or works of charity to be
carried on in that place. (4) Any religious, even of
an exempt Order, who receives money for a parish
or mission must obtain the consent of the Ordinary
to invest it. (5) This consent is also required to
change an investment (533).

474. Religious Goods, Sale and Borrowing. When
there is question of disposing of objects of great
value or other goods whose value exceeds 30,000 francs,
or of contracting a debt beyond that sum, the
contract is invalid without the permission of the
Holy See. For other contracts the written permis
sion of the superior in accordance with the constitu
tions, with the consent of his council given in secret
vote, is sufficient. But in the case of nuns and of
sisters of a diocesan institute the written permission
of the Ordinary and of the religious superior, if the
monastery is subject to one, is required (534, 1). In

188 A DICTIONARY OF CANON LAW

the petition for permission to contract debts or other
obligations it must be stated what other debts and
obligations the society, the province, or the house has
at the time, otherwise the permission obtained is in
valid (534, 2).

475. Religious, Last Sacraments to. In all commu
nities of religious clerics the superior has the right
and duty to administer Viaticum and Extreme Unc
tion to the dying (514, 1). In the monastery of nuns
the ordinary confessor has the same right and duty
(514, 2). In other Congregations of laics the pastor
or the chaplain has this right and duty given by the
Ordinary (514, 3).

476. Religious, Letters of. (See Letters.)

477. Religious Mendicants. (See Alms.)

478. Religious, Obligations of. Religious are bound
to observe the general obligations of clerics unless it
is evident from the context that they do not apply to
them (592). All religious, superiors as well as sub
jects, must not only observe their vows faithfully but
also live according to the rules and constitutions of
their own society, and thus strive after the perfection
of their state in life (593). In every society of re
ligious all must accurately observe the regulations

A DICTIONARY OF CANON LAW 189

even in those things which pertain to food, clothing
and furniture (594, 1). Whatever is acquired by
the members, even by the superiors, must be incor
porated into the community, and all money received,
no matter from what source, must be deposited in the
treasury of the community (594, 2; 580, 2; 582, 1).
The furniture of religious must conform to the pov
erty they have professed (594, 3).

The superiors will see to it that the religious: (1)
make their retreat annually; (2) assist at Mass daily,
when they are not prevented, make meditation, and
diligently practise the other pious exercises prescribed
by the rules and constitutions; (3) and go to con
fession at least once a week (595, 1). The superiors
will foster the frequent, and even daily reception of
Holy Communion among their subjects, and permit
all to approach the holy table who are properly dis
posed (595, 2). But if a religious has given serious
scandal since the last confession, or committed a grave
external fault, the superior may keep that one from
receiving Holy Communion until he has again gone
to confession (595, 3). If there are religious of
simple or of solemn vows who have rules, constitutions
or calendar that prescribe Communion on certain days,
let them understand that such regulations are only
directive (595, 4).

All religious shall wear the habit of their society
both within and out of the house, unless excused by

190 A DICTIONARY OF CANON LAW

a grave cause according to the judgment of the supe
rior general, or in an urgent necessity, of the local
superior (596). (See Enclosure.)

When a house of religious has a school or college
for its own students attached to it, or if the religious
conduct other institutions proper to their society, a
separate part of the building shall be reserved for the
dwelling of the religious and subjected to the law of
the enclosure (599, 1; 604, 2). Excepting for good
reasons approved by the superior, persons of the op
posite sex shall not be admitted to the places outside
the enclosure set apart for the students or for other
purposes of the community (599, 2; 604, 2). The su
perioress and the Bishop shall see to it that no sister
goes out without another sister as companion, ex
cepting in case of necessity (607).

479. Religious, Privileges of. Every society of relig
ious has only those privileges which are either con
tained in this Code or directly granted to it by the
Holy See to the exclusion of all communication for
the future (613, 1). The privileges of monks are
also enjoyed by nuns of the same Order in so far as
they are capable of sharing them (613, 2). All relig
ious, including novices and lay members, enjoy the
privileges of clerics. (See Clerics.) (614) With
the exceptions mentioned in the law all monks and
nuns enjoy the privilege of exemption from the juris
diction of the Ordinary while they are at home (615-

A DICTIONARY OF CANON LAW 191

616). In Congregations of papal law the Bishop may
not: (1) interfere in the administration of temporali
ties; (2) change the constitutions; (3) interfere in
the internal government (619). All religious in the
diocese share in the dispensations granted by the Or
dinary to the people of his diocese, that harmonize
with their vows and constitutions (620).

480. Religious Procurator. (See Procurator.}

481. Religious Pastors. (See Pastors, Religious.)

482. Religious, Sacred Congregation of. The Sacred
Congregation of Religious has jurisdiction over all
Religious Orders, Congregations and societies without
vows. The government, discipline, studies, goods,
property, privileges, dispensations from the common
law of the Church for the religious, with the exception
of the Eucharistic fast for the celebration of Mass, are
subject to this Congregation (251).

483. Religious State. The religious state is a fixed
mode of living a community life in which the faithful,
besides keeping the common precepts, oblige them
selves to observe the evangelical counsels by the vows
of obedience, chastity and poverty. It must be held
in high esteem by all (487).

In canon law the following terms occur and may be
defined as follows: (1) Religion is a society approved

192 A DICTIONARY OF CANON LAW

by legitimate ecclesiastical authority, in which the
members strive after evangelical perfection according
to their own constitutions. (2) Orders are societies
of religious with solemn vows, Congregations with
simple vows. (3) Religion of papal law is a society
of religious that has the approval of the Holy See,
religion of diocesan law, one that has only the ap
proval of the Ordinary. (4) Religion of clerics is a
society composed principally of priests, religion of
laics, composed of laymen or women. (5) A religious
house is a general term for the home of a community
of religious, a house of regulars is the house of an
Order. (6) A province is a union of several houses
of the same society under a superior. (7) Religious
are persons who have taken the vows in any society;
regulars, who have taken vows in an Order; religious
of simple vows, who have taken vows in a Congrega
tion; sisters, who have taken simple vows; nuns, who
have taken solemn vows, or made their profession in
a society that at one time took solemn vows. (8)
Major superior is the abbot, general, provincial, or
the vicar of one of these (488).

The rules and constitutions of individual religious
societies opposed to the canons of this Code are abro
gated, the others remain in force (489). The laws
of the canons for religious although expressed in the
masculine gender apply equally to religious women
unless the context or the nature of the law proves
the contrary (490).

A DICTIONARY OF CANON LAW 193

484. Religious Superiors. The Pope is the supreme
Superior of all religious and must be obeyed even in
virtue of the vow of obedience (499, 1). The Cardinal
Protector of an Order has no jurisdiction. His office
is to promote the good of the Order by advice and
patronage (499, 2). With the exception of those who
have obtained exemption religious are also subject to
the Ordinary (500, 1). Nuns with solemn vows under
the jurisdiction of a regular superior are subject to the
Ordinary in points specified by law (500, 2). With
out a special papal indult no Order of men can have
jurisdiction over a Congregation of women, or claim
the special right to care for and direct its members
(500, 3).

Superiors and the Chapter have governing power
over their subjects. In a clerical, exempt society they
also have jurisdiction in both forums (501, 1). All
superiors are forbidden to interfere in cases belonging
to the Holy Office (501, 2). The power and jurisdic
tion of the Prime Abbot and the superior of a Monas
tic Congregation are defined by the constitutions and
the special laws of the Holy See (501, 3). The supe
rior general of a society of religious has power over all
provinces, houses, and all individual religious accord
ing to the constitutions. Other superiors have the
same power within the limits of their office (502).

485. Religious Superiors, Account to be Rendered by.

In every monastery of nuns, even though exempt, the

194 A DICTIONARY OF CANON LAW

superioress shall give an account to the Bishop of her
administration at least once a year, and also to the
regular superior if her house is subject to him. If
the Ordinary does not approve of the administration
he may remedy the defect even by removing the
procurator and other administrators. If the house is
subject to a regular superior, the Bishop shall admon
ish him to remedy matters, and do so himself if the
latter neglects it (535, 1). In other houses of relig
ious women an account must be given to the Ordinary
at the time of the visitation, of the administration of
goods that constitute the dowry of the sisters (535, 2).
The Ordinary shall always have the right (1) to in
quire into the financial standing of the religious houses
of diocesan sisterhoods, (2) to demand an account of
the administration of real estate left them for religious
purposes (535, 3).

486. Religious Superiors, Age of. A superior general
of men, and an abbess of nuns, must be forty years old,
other major superiors must be thirty years old, and
ten years professed (504).

487. Religious Superiors, Duties of. The superiors
shall reside in their respective houses and leave them
only according to the rules and constitutions (509, 1).
The local superiors (1) shall have the constitutions
of the society read publicly once a year, and also the
decrees which the Holy See shall order to be read before

A DICTIONARY OF CANON LAW 195

the whole community, (2) shall have an instruction
on Christian doctrine given at least twice a month to
lay brothers and servants (509, 2). Every five years
the Abbot primate and superior general of societies of
papal law shall send a report to the Holy See con
cerning the state of the organization, signed by the
general and his council. In the case of a congregation
of women this report must also be signed by the Bishop
of the place where the superior general and her council
reside (510).

488. Religious Superiors, Election of. (See Election.}

489. Religious Superiors, Term of. The major supe
riors should be temporary unless the constitutions
demand otherwise. Local superiors must not be ap
pointed for more than three years. After that term
they may be appointed for a second term, if the con
stitutions allow, but not for a third term in the same
religious house (505).

490. Religious, Suppression of Societies of. When a
society of religious has once been lawfully established,
even though only a diocesan Congregation, it cannot
be dissolved without the consent of the Holy See. To
the Holy See also is reserved the disposal of the goods
of the Congregation (493). To the Holy See it also
belongs to suppress provinces (494, 1). A house of
an exempt society cannot be suppressed without the
consent of the Holy See. If it belongs to a non-

196 A DICTIONARY OF CANON LAW

exempt Congregation of papal law it may be sup
pressed by the general superior with the consent of
the Ordinary. A house of a diocesan Congregation
may be suppressed by the Ordinary but the Congre
gation may appeal to the Holy See (498).
491. Religious, Visitation of. The major superiors, on
whom the constitutions put the obligation of visiting
the houses subject to them at stated times, shall per
form this duty personally if they can, otherwise
through delegates (511). Every five years the local
Ordinary must visit, either personally or through an
other: (1) every monastery of nuns subject to himself
or to the Holy See; (2) every house of diocesan con
gregations of both men and women; (3) every mon
astery of nuns subject to a regular superior and in
quire about the observance of the enclosure; (4) every
house of clerics of papal law, even though exempt, and
make the visitation of the church, sacristy, public ora
tory and places where confessions are heard. (5)
In houses of laic congregations of papal law he will
in addition to the points mentioned in the preceding
number also inquire into the internal discipline (512).
It is the right and duty of the superior to inquire
into whatever comes within the scope of the visitation,
and the duty of subjects to answer questions truth
fully. It would be wrong for local superiors to do
anything to frustrate the object of the visitation
(513, 1). An appeal may be taken from the decision
of the visitator (513, 2).

A DICTIONARY OF CANON LAW 197

492. Removal of Pastors, Reasons for. A removable
as well as an irremovable pastor may be removed for a
grave reason which makes his ministry harmful or
at least inefficacious (2147, 1). This reason may be:
(1) chronic infirmity, (2) constant opposition of the
parishioners, (3) loss of reputation, (4) suspicion of
secret crime, (5) mismanagement (2147, 2).

493. Renewal of Vows. (See Profession.)

494. Renunciation of Goods. (See Novitiate, Profes
sion. )

495. Reports of Bishops. Bishops must make a report
of the state and condition of their dioceses to the Con-
sistorial Congregation (248) every five years (340, 1).

496. Reports of Religious Superiors. Religious supe
riors must make a report to the Holy See every five
years concerning the state of their organization.
This report must be signed by the general superior
and his council. In the case of an organization of
women this report must also be signed by the Bishop
of the place where the general superior and her coun
cil reside (510).

497. Reprimand, Judicial. If the guilty person ac
knowledges his fault the Ordinary shall employ the
judicial reprimand instead of the criminal trial (1947).

198 A DICTIONAKY OF CANON LAW

498. Rescripts. Rescripts take effect the moment they
are signed (38). Conditions demanded in them are
essential to their validity (39). They are granted
on condition that the reasons stated are based on truth,
unless granted in the form of motu proprio or are
dispensations from marriage impediments of lesser
degree (40). They are not invalid on account of a
mistake in name or place (47). They are not revoked
by a contrary law (60), nor invalidated by the death
of the person granting them (61).

499. Reservation. The false accusation before eccle
siastical judges of an innocent priest, charging him
with solicitation in confession, is reserved to the Holy
See (894). Ordinaries should not reserve sins before
they have discussed the matter in synod, or asked
the advice of their consultors and some prudent and
experienced confessors and found out whether the
reservation is necessary or at least useful (895). The
faculty to absolve from the Bishop's reserved cases
should be habitually given to the deans with the power
to subdelegate priests of their districts for individual
cases (899, 2). All duly authorized confessors have
the power of absolving from episcopal reservations
during the paschal time, and missionaries during the
exercises of the mission (899, 3). All reservation
ceases: (1) when persons who are sick confess at home,
or when persons are to be married; (2) whenever the
superior refused to grant tlie faculty asked for a par-

A DICTIONARY OF CANON LAW 199

ticular case, or when according to the prudent judg
ment of the confessor the faculty cannot be asked of
the lawful superior without grave inconvenience to
the penitent or without danger of violating the seal
of confession; (3) whenever the penitent goes to con
fession outside the diocese, where the sin is not re
served, even when he goes there only to obtain absolu
tion (900).

500. Residence, Law of. (See Absence.) Clerics who
possess an office or benefice which requires residence
ipso facto forfeit the right to the revenue or salary
of their benefice or office in proportion to the time they
illegally absent themselves. They are obliged to turn
it over to the Ordinary, who is to use the money for
the benefit of a church, or pious institution or for the
poor (2381, 1).

501. Resignation of Office. For the resignation of the
Pope, the acceptance by the Cardinals is not required
(221). The Ordinary shall not permit the resignation
of a cleric in major Orders unless he has other means
of supporting himself (1484).

502. Respect due to the Ordinary. All clerics, but
especially priests, are under special obligation to re
spect and obey their Ordinaries (127).

503. Retreat. (See Exercises, Spiritual.)

200 A DICTIONARY OF CANON LAW

504. Revalidation of Marriage. (See Validation of
Marriage.)

505. Revenues of Benefice. Revenues of a benefice
are due the beneficiary from the moment he takes
possession (1472). He may use them for his support
and for pious causes (1473).

506. Revocation. All laws published prior to the Code
that conflict with the laws of the Code are abolished
(6). In doubt about the revocation of a law, the new
law is to be reconciled with it (23). A law does not
abrogate centenary customs, nor does a general law
abolish particular customs (30). Favors granted by
rescript are not revoked by a contrary law (60).

507. Rights. Acquired rights, privileges, and indults
remain in force unless explicitly abrogated by the
Code (4).

508. Ring. Clerics should not wear a ring (136, 2).
Prelates may wear a ring (325). Doctors may wear
a ring outside of sacred functions (1378). Cardinals,
Bishops, and Abbots may wear a ring while saying
Mass (811, 2).

509. Rite. A person belongs to the rite in which he
was baptized (98, 1). A child should be baptized in
the rite of its father (756). A priest must use altar-

A DICTIONARY OF CANON LAW 201

bread of his own rite in saying Mass (816). He may
say Mass in a church of a different rite where there
is none of his own (823). Holy Communion may be
received in the church of any Catholic rite, but Viati
cum must be received in one's own rite (866) . Persons
of one rite may confess to priests of another rite
(905). Marriages of parties of different rites are to
be contracted before the pastor of the husband (1097,
2).

510. Roman Curia. (See Curia, Roman.)

511. Rosaries. Indulgences attached to rosary beads
are lost only when the beads are totally destroyed or
sold (924,2).

512. Rota. The Holy Roman Rota is the ordinary court
of appeal established by the Holy See. It consists of
a certain number of auditors presided over by a dean
(1598, 1). The auditors are priests who have their
degrees in civil and canon law, and are appointed
by the Pope (1598, 2, 3). The Holy Rota renders its
decisions through a committee of three judges, or in
full session, unless the Pope decides otherwise (1598,

513. Rubrics. The rubrics are to be accurately observed
in the administration of the Sacraments (733, 1), and
especially in the celebration of Mass (818).

202 A DICTIONARY OF CANON LAW

514. Sacramentals. Sacramentals are articles and ac
tions which the Church uses to obtain favors by her
intercession (1144). Only the Holy See can constitute
new Sacramentals, authentically interpret those in use,
and abolish or change them (1145). The legitimate
minister of Sacramentals is a cleric who has received
the faculty, and who has not been prohibited by com
petent ecclesiastical authority to exercise it (1146).
Only bishops can perform consecrations. Any priest
can impart the blessings, excepting those that are re
served. Reserved blessings given by a priest are illicit
but valid. Deacons and lectors can give only those
blessings conceded to them by law (1147). The direc
tions of the Church must be accurately observed in
preparing and administering Sacramentals (1148).
The blessings of the Church should above all be given
to Catholics; they may be given to catechumens, and
also to non-Catholics to obtain for them the light of
faith and bodily health (1149). Blessed articles are
to be treated reverently, and not devoted to profane or
improper uses, although they are in the possession of
private individuals (1150). (See Exorcist.)

515. Sacraments. The Sacraments should be adminis
tered and received with great care and reverence
(731, 1). It is forbidden to administer them to
heretics and schismatics, unless they have first re
nounced their errors and been reconciled to the
Church (731, 1). The Sacraments of Baptism, Con-

A DICTIONARY OF CANON LAW 203

firmation and Holy Orders, which imprint a character,
cannot be received a second time (732, 1). But if
there is a prudent doubt whether they were adminis
tered, or whether they were administered validly, they
may be administered conditionally a second time
(732, 2). In preparing for, in administering, and in
receiving the Sacraments, the rites and ceremonies
found in approved liturgical books must be carefully
observed (733, 1). For no reason whatever may the
minister demand or ask anything for the administra
tion of the Sacraments except what was specified in
the provincial council (736). The laity has the right
to receive spiritual treasures and especially the neces
sary means of salvation from the clergy according to
ecclesiastical discipline (682). The pastor is bound to
administer the Sacraments whenever his parishioners
reasonably ask for them (467).

516. Sacraments, Sacred Congregation of the. The

Congregation of the Sacraments has charge of disci
plinary regulations concerning the seven Sacraments.
It grants dispensations from marriage impediments
as well as dispensations for the reception of other
Sacraments (249).

517. Sacrifice of the Mass. (See Celebrant, Mass.)

518. Saints. The veneration of the servants of God and
of their relics and images is good and useful. All

204 A DICTIONARY OF CANON LAW

the faithful should above all honor with filial affec
tion the Blessed Virgin Mary (1276). Only those
servants of God may be publicly venerated who have
been placed among the saints and blessed by the au
thority of the Church (1277, 1). The saints are also
laudably chosen and constituted the patrons of nations,
dioceses, provinces, confraternities, religious bodies,
and of other places and legal bodies, with the confir
mation of the Holy See (1278).

519. Salary, Forfeiture of. Clerics who possess a
benefice or office which requires residence, forfeit their
salary for the time they illegally absent themselves
from it (2381, 1). Persons who neglect to make the
required profession of faith when appointed to an
office or a benefice forfeit the right to the revenue or
salary of the benefice or office for the time they wil
fully neglect to make the profession (2403).

520. Saloon. Clerics must not visit saloons excepting
for a just cause approved by the Ordinary (138).

521. Sanatio in Radice. (See Validation of Marriage.)

522. Schools, Catholic. Catholic children have a right
to be taught in schools where religious and moral
training occupies the first place (1372). Not only
parents but all who take their place have the right
and grave obligation of caring for the Christian edu
cation of the children (1372). In every elementary

A DICTIONARY OF CANON LAW 205

school the children must be instructed in Christian
doctrine according to their age (1373, 1). Children
who attend grammar and high schools are to receive
a more comprehensive instruction in their religion.
The Ordinaries shall see that this be imparted by
priests of learning and piety (1373, 2). Catholic
children shall not attend non-Catholic, neutral, or
mixed schools, which are open to non-Catholics. The
Bishop alone is authorized to judge, in accordance with
the instructions he has received from the Holy See,
under what circumstances, and with what safeguards
against the danger of perversion, it may be permitted
to send the children to these schools (1374). The
Church has a right to establish schools of all grades,
not only elementary, but also grammar and high
schools (1375). The canonical establishment of a
Catholic university or faculty is reserved to the Holy
See (1376, 1). A Catholic university or faculty, even
when entrusted to an Order, must have its statutes
approved by the Holy See (1376, 2). Academic de
grees, to be recognized in canon law, cannot be con
ferred except with the authorization of the Holy
See (1377).

If there are no Catholic elementary or grammar
schools the Ordinary of those places shall especially
take care to provide them (1379, 1). Likewise, if
the public universities are not imbued with Catholic
doctrine and spirit, it is desirable that a Catholic
university be established in the nation or state (1379,

206 A DICTIONARY OF CANON LAW

1). Catholics should not omit to contribute according
to their means to the establishment and support of
Catholic schools (1379, 3). The religious education
of youth in any schools is subject to the authority and
inspection of the Church (1381, 1). Local Ordinaries
have the right and duty to watch that nothing is
taught contrary to faith and good morals in any schools
of their territory (1381, 2). It is likewise their right
to approve the teachers and the text-books of religion,
and to demand that both teachers and text-books be
removed for the welfare of faith and morals (1381, 2).
The local Ordinaries may likewise, in person or
through representatives, visit every kind of school
to inquire into its religious and moral instruction.
From this visitation no religious school is exempt ex
cepting the schools of exempt religious for their pro
fessed members (1382).

523. Scripture, Sacred. The original texts and ancient
versions of the Sacred Scriptures published by non-
Catholics are forbidden (1399, 1). Also books about
Sacred Scripture that are published without eccle
siastical approbation (1399, 5). Versions of the
Sacred Scriptures by non-Catholics are allowed to
those who engage in theological and biblical studies,
provided they do not attack Catholic dogmas in their
introduction and notes (1400).

524. Seal of Confession. The seal of confession is

A DICTIONARY OF CANON LAW 207

inviolable. The confessor must beware not to betray
the sinner by words, or signs, or in any other way
for any reason whatever (889, 1). The obligation of
the seal of confession rests likewise on all other per
sons to whom knowledge of the confession has come
in any way (889, 2). A confessor who presumes to
violate the seal of confession directly thereby incurs
excommunication reserved in a most special manner
to the Holy See (2369).

525. Second Marriages. (See Marriages, Second.)

526. Secretariate of Briefs. The Secretariate of
Briefs to Princes and of Latin Letters has the office
of writing in Latin the acts of the Supreme Pontiff
which he may commit to it (264).

527. Secretariate of State. The Secretariate of State is
in charge of the Cardinal Secretary of State, and con
sists of three divisions: (1) The first is presided over
by the Secretary of the Congregation of Foreign Af
fairs, and attends to those matters that must be sub
jected to that Congregation for examination. (2) The
second, under an assistant, attends to daily business.
(3) The third is under the direction of the Chancellor
of Apostolic Briefs and attends to the drawing up
and mailing of Briefs (263).

528. Secularization. (See Departure from Religious
Life.)

208 A DICTIONARY OF CANON LAW

529. Seminary. Every diocese should have its semi
nary (1354, 1). The larger dioceses should have both
a preparatory and a theological seminary (1354, 2).
If no seminary is established the Bishop should send
his students to some other seminary (1354, 3). The
seminary is under the direction of the Bishop (1357,
1). He should visit it and watch over the studies and
the development of the vocation of the students (1357,
2). Every seminary should have its laws approved
by the Bishop (1357, 3). In every seminary there
should be a rector for the government of the institu
tion, professors to teach the branches, a procurator,
distinct from the rector, for the administration of
temporalities, at least two ordinary confessors, and
a spiritual director (1358). Besides the ordinary
confessors others should also be appointed to whom
the students will be free to go (1361, 1). The vote
of the confessor will not be asked when a student
is to be promoted to Holy Orders or expelled (1361, 2).
Only boys of legitimate wedlock can be admitted to
the seminary (1363, 1). Before they are received
they must present testimonials of Baptism, Confirma
tion, and good conduct (1363, 2). Students who have
been dismissed from one seminary or from a religious
institution should not be accepted by another Bishop
before he has learned the cause of their dismissal and
received favorable testimonials about their character
(1363, 3).
In preparatory seminaries: (1) religious instruction

A DICTIONARY OF CANON LAW 209

should occupy the first place, (2) the students should
learn Latin and the vernacular language well, (3)
in other branches they should adapt themselves to
the needs of the country (1364). The students shall
devote at least two years to philosophy and kindred
branches (1365, 1). The course in theology must con
sist of at least four full years, and embrace, besides
dogmatic and moral theology, Sacred Scripture,
Church history, canon law, liturgy, sacred eloquence,
and ecclesiastical chant (1365, 2). There should also
be lessons in pastoral theology with practical exempli
fication of teaching catechism, hearing confession, visit
ing the sick, and assisting the dying (1365, 3). As
professors of philosophy, theology and law, the
Bishop and seminary board should prefer those who
have received the degree of doctor from a university
or faculty recognized by the Holy See, and in religious
seminaries those who have received similar degrees
from their major superiors (1366, 1). The professors
shall treat the study of philosophy and theology, and
the lectures given in these branches to the students,
entirely according to the method, doctrine, and prin
ciples of the Angelic Doctor, and reverently adhere
to them (1366, 2). There should at least be a sepa
rate professor for dogmatic theology, for moral
theology, for Sacred Scripture, and for Church his
tory (1366, 3).

The Bishop will see to it that the students: (1)
daily say their morning and night prayers, hold medi-

210 A DICTIONARY OF CANON LAW

tation in common, and assist at Mass; (2) go to con
fession at least once a week, and frequently receive
Holy Communion; (3) assist at solemn Mass and
Vespers on Sundays, serve at the altar and take part
in the sacred ceremonies; (4) make a retreat each
year during some days; (5) and assist at least once
a week at a spiritual conference, which shall conclude
with an exhortation (1367).

The rector and professors of the seminary shall have
the office of pastor for all persons living in the semi
nary (1368), and see that the students faithfully ob
serve the statutes approved by the Bishop and are
imbued with a genuine ecclesiastical spirit (1369, 1).
They shall explain to them the laws of Christian
politeness and urge them by their own example to
practise them. They will also exhort them to observe
the laws of hygiene, cleanliness, courtesy, moderation,
and gravity (1369, 2). Incorrigible and seditious
characters, and those whose behavior and talents do
not make them desirable candidates for the priesthood,
shall be dismissed (1371).

530. Separation. A just cause is required for husband
and wife to separate (1128). Adultery committed by
one party, entitles the innocent party, who has not
condoned the crime, lawfully to leave the guilty party
for life (1129-1130). Other legitimate causes for
lawful separation for one party are : if the other joins
a non-Catholic sect, educates the children as non-

A DICTIONARY OF CANON LAW 211

Catholics, lives a criminal and shameful life, is a great
bodily or spiritual danger to the first, or through
cruelty and such other reasons makes living together
too difficult (1131, 1). In these cases when the cause
ceases conjugal relations should be resumed (1131, 2).
After the separation has taken place the children
should be given to the innocent party, and their Cath
olic education safeguarded (1132).

531. Shows. The clergy must avoid such performances
as dances and shows which are unbecoming to them,
and where their very presence would give scandal,
especially in public halls (140).

532. Signatura Apostolica. The Signatura Apostolica
is the highest court of ecclesiastical appeal (259). It
is composed of Cardinals, one of whom is Prefect

(1602).

533. Simony. The intentional will to exchange spirit
ual goods for temporal goods is simony by divine law
(727, 1). To exchange articles forbidden by the
Church is simony by ecclesiastical law (727, 2).
Tacit agreement suffices for simony (728). Simon-
iacal contracts for benefices, offices, and dignities are
invalid (729). Those who confer benefices, offices and
dignities simoniacally incur excommunication reserved
to the Holy See (2392, 1). Clerics promoted by
simony to Orders incur suspension (2371),

212 A DICTIONARY OF CANON LAW

534. Sisters. Sisters are religious women with simple

vows (488, 7).

535. Societies, Condemned. The faithful are to be
warned against marrying members of forbidden so
cieties (1065, 1). The pastor cannot assist at such
marriages without permission of the Ordinary (1065,
2). Catholics who join condemned societies and die
in them are to be refused ecclesiastical burial (1240,
1; 1241; 2339). Members of forbidden societies can
not be admitted to the novitiate (542, 1) or to pious
associations (693, 1). Whoever joins them is excom
municated (2335). Clerics who join them are besides
to be deprived of every ecclesiastical office, and de
nounced to the Sacred Congregation of the Holy Office
(2336).

536. Societies of Religious Men or Women. These
societies do not take vows and so are not strictly Con
gregations, nor are their members strictly religious.
They may be made up of men or of women, of clerics
or of laics, and be under pontifical or under diocesan
law (673). In their foundation, erection of provinces
and houses, they are governed by the laws for Con
gregations of religious (674). The government of
each society is determined by its constitutions (675).
These societies may acquire and possess property, but
whatever the individuals acquire in their own name
is their own (676). In the admission of candidates

A DICTIONARY OF CANON LAW 213

they are governed by the law for religious (677), and
in promoting their members to Orders by the laws
for the secular clergy (678). The members of these
societies are bound by their constitutions, and if they
are clerics by the laws for clerics, and they are to ob
serve the enclosure under the supervision of the Ordi
nary (679). They enjoy the privileges of clerics but
not those of religious, excepting by special concession
(680). Besides their own constitutions they must ob
serve the general laws of the Church in joining an
other religious organization, in dismissal from the
society, and in secularization (681). (See 635-672.)

537. Sodalities. (See Associations, Archcon fraternity.)

538. Solicitation. Priests who are guilty of solicitation
must be suspended, and may be deprived of every
benefice or office, and degraded (2368, 1). Penitents
solicited in confession must denounce the priest to the
Ordinary or the Sacred Congregation of the Holy
Office within a month (904). If they neglect to do
so they incur excommunication (2368, 2). If they
denounce an innocent priest they incur excommunica
tion reserved to the Holy See (2363).

539. Sponsors. (See Baptism, Confirmation. Qviritual
Relationship.)

540. Sterility. Sterility makes marriages neither illicit
nor invalid (1068).

214 A DICTIONARY OP CANON LAW

541. Stipends. Stipends are not subject to prescrip
tion (1509, 5) nor subject to taxation by the Ordinary
(1506). Priests may accept a stipend as an alms for
a Mass (824, 1) but only one a day excepting Christmas
(824, 2). Voluntary stipends offered by the faithful
are called manual; stipends for Masses from funds
that cannot be said at home are called quasi-manual
(826, 1, 2). Stipends from a fund are called founda
tion stipends (826, 3). Traffic in Masses is forbidden
(827). As many Masses are to be said as stipends
were received (828). The obligation to say the Mass
does not expire with the loss of the stipend (829).
The decree of the Ordinary or custom decides the
amount of the stipend (831). Unless forbidden by the
Ordinary a priest may accept a smaller or a larger
stipend (832). If a priest accepts a stipend for Mass
to be said under special circumstances he must fulfill
the conditions (833). No one is allowed to receive
more stipends than he can say Masses for within a
year (835). He who sends stipends to other priests
is responsible for them until he receives notice that
they have been received (839). Every priest must
at the end of the year send those stipends to the Ordi
nary for which he did not satisfy. He is bound to
satisfy for manual stipends one year from the day
they were received, unless the donor specified the time ;
;and for quasi-manual stipends he must satisfy by the
end of the year during which Masses should have been
said (841). It is the right and duty of the Ordinary

A DICTIONARY OF CANON LAW 215

to see that secular priests fulfill their Mass obligations,
and religious superiors have the same right and duty
towards their subjects (842). Rectors of churches
shall keep a Mass-Book in which they will carefully
note down their stipends. The Ordinary should in
spect this book yearly (843). Every priest should
note accurately the stipends he receives, and the in
tentions for which he says Mass (844).

542. StoIe=Fees. If any of the parochial offices are
attended to by another priest, the fees or offerings
belong to the pastor, unless the contrary will of those
making the offering is certain concerning the sum that
is over and above the ordinary tax. A pastor must
not refuse to serve those gratuitously who are not able
to pay for the services (463, 2).

543. Studies, House of. Every clerical religious organi
zation shall have its house of studies approved by the
general chapter or the superiors (587, 1). Perfect
community life must prevail in the house of studies,
otherwise the students cannot be promoted to Orders
(587, 2). If the organization or the province is un
able to have properly equipped houses of studies, or,
if it has them, access to them, in the judgment of
the superiors, is difficult, the religious students may
be sent to a well equipped house of studies of another
province, or of another religious organization, or to
the classes of an episcopal seminary, or to a public,

216 A DICTIONARY OF CANON LAW

Catholic athenaeum (587, 3). When religious are sent
from their own house to a distant place to study, they
are not allowed to live in private houses, but must
go to a house of their own Order, or, if that is im
possible, must stay at some other institution of religious
men, at the seminary, or some other pious home in
charge of priests approved by ecclesiastical authority
(587, 4).

During the entire course of studies the religious
shall be under the special care of a prefect or spiritual
master, who will lead them on in the spiritual life by
timely admonition and instruction (588, 1). This
prefect or spiritual master should have the same
qualifications as are required of the master of novices
588, 2). The superiors will see to it that regular
observance prescribed for all religious will be most
perfectly observed in the house of studies (588, 3).
After due instruction in the lower branches the re
ligious will diligently apply themselves for at least
two years to the study of philosophy, and at least
four years to sacred theology, adhering closely to
the doctrine of St. Thomas in accordance with the
instruction of the Holy See (589, 1). During the time
of studies no duties shall be imposed on professors
or students which will take them from their studies,
or in any way interfere with class-work. The superior
general and, in particular cases, also other superiors,
may according to their judgment exempt the students
from some of the community exercises, even of the

A DICTIONARY OF CANON LAW 217

choir, and especially at night, as often as they consider
it necessary for progress in the studies (589, 2).

For five years after the completion of their course
of studies religious priests shall be examined annually
in various branches of sacred doctrine, of which
they have been notified in advance. Only those shall
be excused from this examination who have been ex
empt for grave reasons by their major superiors, or
who are teaching theology, canon law or philosophy
(590). At least once a month the solution of a moral
and liturgical case shall be held in every established
house. If the superior sees fit he may add a discussion
on some dogmatic point or kindred subject. All pro
fessed clerics who are pursuing their theological
studies, or who have completed them and are in the
house, must assist unless the constitutions provide
otherwise (591).

544. Studies, Priestly. After their ordination clerics
should not neglect their studies, especially those of
the sacred sciences, in which they should follow the
sound doctrine handed down by the Fathers and uni
versally received by the Church, and should avoid
profane novelties and false science (129).

545. Subdelegation. He who has ordinary jurisdiction
can delegate it to another (199, 1). Jurisdiction dele
gated by the Holy See can be subdelegated (199, 2).
Jurisdiction delegated by an Ordinary inferior tQ the

218 A DICTIONARY OF CANON LAW

Pope can be subdelegated for individual cases (199,
3). In all other delegations jurisdiction cannot be
subdelegated. No subdelegated jurisdiction can be
further subdelegated (199, 4, 5).

546. Suicide. Those who attempt suicide are irregu
lar by crime (985, 5), and if they are priests shall be
suspended (2350, 2). Those who deliberately kill
themselves are to be denied ecclesiastical burial
(1240, 3).

547. Superior, Regular. The regular superior presides
at the election of the superioress (506, 2). He must
grant permission for investments (534, 1; 580) and to
enter the enclosure (600, 1). He presents the con
fessor to be approved by the Ordinary (525) and
makes the visitation (512, 2, 1). He must seek to
bring back fugitives (645, 2).

548. Superiors, Major. (See Religious State.)

549. Superiors, Minor. (See Religious Superiors.)

550. Superiors of Colleges. Superiors of colleges are
not to hear the confessions of their subjects (1383).
They cannot appear in court in the name of their
subjects without their consent (1653, 3).

551. Supplied Jurisdiction. (See Jurisdiction.)

A DICTIONARY OF CANON LAW 219

552. Suppression. A religious house can be suppressed
only by permission of the Holy See (498). Bishops
can suppress societies erected by themselves or by
their predecessors, and also societies erected by re
ligious in virtue of an apostolic indult, and with the
consent of the Ordinary. Societies erected by the
Holy See itself can be suppressed only by the Holy
See (699).

553. Suspension. Suspension is a censure by which a
cleric is deprived of the rights of his office, or of his
benefice, or of both (2278). Suspension affects the
offices and benefices which the person held in the juris
diction of the one who suspended him (2281). It can
be inflicted only for a grave contumacious crime
(2242).

554. Suspicion of Heresy. The suspicion of heresy falls
especially on persons who knowingly and willingly
help to propagate heresy in any manner (2316), per
sons who contract marriage with the understanding
that their children will be raised as non-Catholics,
parents who have their children baptized by a non-
Catholic minister, and parents or guardians who have
children instructed in a non-Catholic sect (2319).

555. Synod. A diocesan synod is to be held at least
every ten years (356). It is convoked and presided
over by the Bishop, and held in the cathedral (357).

220 A DICTIONARY OF CANON LAW

To the synod must be called and come: (1) the vicar
general, (2) the consultors, (3) the rector of the
diocesan seminary, (4) the deans, (5) the pastors of
the city where the synod is held, (6) at least one
pastor from every deanery to be elected by the priests
of the district, (7) abbots who are actual superiors,
(8) one superior of each clerical order in the diocese,
to be designated by the provincial (358). Those who
ought to come, and are prevented, must notify the
Bishop (359). Before the synod opens the Bishop
may appoint committees to prepare the subjects for
discussion, so that the schedules may be distributed at
the opening session (360). The proposed questions
are to be freely discussed in the preliminary sessions
(361). The Bishop is the only legislator in the synod
and he alone signs the laws of the Synod, which go
into effect as he promulgates and decrees (362).

556. Tabernacle. The tabernacle is to be fixed in the
middle of the altar (269, 1). It should be of wood,
solidly closed on .all sides, decently ornamented in
accordance with liturgical laws, containing only the
Blessed Sacrament, and guarded so carefully that no
danger of sacrilege can arise (1269, 2). The key of
the tabernacle in which the Blessed Sacrament is kept
must be most diligently preserved. This responsi
bility rests on the priest in charge of the church or
chapel (1269,4).

A DICTIONARY OF CANON LAW 221

557. Taxes. The diocesan taxes are subject to revision
by the Congregation of the Council (250). They are
levied for the support of the seminary (1355, 1356 ),
for the Bishop (1504), extraordinary taxes to meet
the special wants of the diocese (1505), for dispensa
tions (1507).

558. Teaching Authority of the Church. The Church
has the right and duty to teach all nations; all are
bound to accept her teaching and to enter the true
Church of God (1322). The truths contained in the
written or traditional word of God and proposed to
us by the Church, either by her solemn judgment,
or by her ordinary teaching body, must be held by
Divine and Catholic faith as divinely revealed (1323).
Both the General Council and the Pope speaking ex
cathedra have the right to pronounce this solemn judg
ment (1323, 1). No doctrine is to be held as dog
matically declared or defined unless it was evidently
defined (1323, 2). It is not sufficient to avoid heret
ical error, but those errors should also be avoided
which more or less approach heretical error; where
fore all constitutions and decrees are also to be ob
served by which erroneous opinions of this kind have
been proscribed and prohibited by the Church (1334).
The faithful of Christ are bound to profess their
faith openly whenever their silence, reluctance or man
ner of acting would contain an implicit denial of their

222 A DICTIONARY OF CANON LAW

faith, contempt for religion, injury to God, or scandal
to their neighbor (1325). If any one after receiving
Baptism, while retaining the name of Christian, perti
naciously denies any one of the truths to be believed by
Divine and Catholic faith, or doubts it, he is a heretic.
If he totally recedes from the Christian faith he is
an apostate; and if he renounces submission to the
Pope or refuses to communicate with the members of
the Church subject to him, he is a schismatic (1325, 2).
Let Catholics beware lest they hold disputations or
conferences, especially public ones, with non-Catholics
without the permission of the Holy See, or, in an ur
gent case, of the local Ordinary (1325, 3). Although
the Bishops individually, or even when assembled in
particular councils, are not endowed with infallible
teaching authority, they are nevertheless, under the
authority of the Roman Pontiff, the true teachers
and masters of the flocks committed to their care
(1326).

559. Territorial Laws. Territorial laws do not bind
outside the limits of their respective territories (8).

560. Territory. The territory of each diocese shall be
divided into sections called parishes (216). A pastor
can assist at a marriage validly only in the territory
of his own parish (1095, 2).

561. Testimonials. (See Novitiate, Ordinations.)

A DICTIONARY OF CANON LAW 223

562. Theatres. The clergy must avoid all performances
unbecoming for them, especially in theatres where it
would give scandal to see them attend (140).

563. Theologians at Councils. Theologians assisting at
the councils of the Church have only a consultive
vote (223; 282, 3; 286, 3-4).

564. Third Orders Secular. Secular tertiaries are per
sons who strive after Christian perfection according
to rules approved for them by the Holy See. They
are under the direction of an Order and harmonize
its spirit with a life in the world (702, 1). If a
Third Order Secular is divided into several societies,
each of which has been legitimately established, the
branch is called a Sodality of Tertiaries (702, 2).
The consent of the Ordinary is required validly to
establish a Sodality of Tertiaries (703, 2), and his
special permission is necessary for the members to
wear their habits at sacred public functions (703, 3).
Members of Orders and Congregations cannot be ter
tiaries (704). Tertiaries should wear the insignia of
their sodality when taking part in a body at any sacred
function (706).

565. Throne. Whenever they pontificate Cardinals,
Delegates of the Pope who are Bishops, Archbishops,
Bishops, and Abbots Nullius, may use the throne and
canopy (239, 269, 274, 347, 325).

224 A DICTIONARY OF CANON LAW

566. Time. In reckoning the hours of the day the com
mon custom of a place is to be observed. In the private
celebration of Mass, in the private recitation of the
Divine Office, in receiving Holy Communion, and in
the observance of the law of fast and abstinence one
may also follow the local true time, or the mean time,
or the legal, or the regional, or any other way of
marking time (33, 1).

567. Titles, Academic. Academic degrees to be recog
nized in canon law must be conferred by authority of
the Holy See (1377).

568. Titles of Churches. Every church that is blessed
or consecrated shall have its title, which cannot be
changed afterwards (1168, 1).

569. Titles of Ordination. The canonical title for the
secular clergy is the title of benefice, or, in default of
a benefice, the title of patrimony or of pension (979, 1).
For regulars the canonical title is the solemn religious
profession, which is called the title of poverty. For
religious with perpetual simple vows the title is
mensce communis. Those who make no perpetual
profession are governed by the law for seculars in
their title for ordination (982).

570. Titular Bishops. Titular Bishops cannot exercise
jurisdiction in the diocese of their title, neither do they

A DICTIONARY OF CANON LAW 225

take possession of their see (348, 1). (See Bishops,
Privileges of.)

571. Tonsure. By first tonsure the seminarian becomes
a cleric (108). Tonsure may be given any day or
hour (1006, 4). By the first tonsure also is incardi-
nation first effected (111). The first tonsure shall
not be given until the seminarian has begun theology
(976, 1).

572. Transaction. Transaction is a recognized way of
avoiding canonical trials by friendly settlement
(1925).

573. Transition. A religious cannot go from one in
dependent monastery to another, or from one Order
to another without permission of the Holy See (632).
He must make the novitiate again (633, 1) unless
he goes from one independent monastery to another
of the same Order (633, 3). If a religious with
solemn vows thus joins a Congregation, his solemn
vows are dissolved by his new profession (636).

574. Trials. An ecclesiastical trial is a discussion and
decision of a matter in which the Church has the
right to decide, held before an ecclesiastical tribunal
(1552). The Church alone is competent to judge:
(1) in spiritual matters and matters connected with
them; (2) in violation of her laws; (3) in all cases
regarding clerics and religious (1553).

226 A DICTIONARY OF CANON LAW

575. Unbaptized. Unbaptized persons are not subject
to purely Church laws (12). A marriage between
a baptized Catholic and a person not baptized is null
and void (1061, 1).

576. Unction, Extreme. (See Extreme Unction.)

577. Unions, Pious. (See Confraternities.)

578. University. (See Schools.) The erection of Cath
olic Universities is reserved to the Holy See (1376).
The studies in a Catholic University are subject to
the Congregation for Seminary and University Studies
(256, 1). Academic degrees have no canonical value
in the Church unless they are granted with the appro
bation of the Holy See (1377). Doctors, who have
received their degrees legitimately, have the right to
wear a ring with a stone and the doctor's hat outside
of sacred functions. In conferring the various offices
and benefices, other things being equal, the Bishop
shall give the preference to those having the doctorate
or licentiate (1378).

579. Use of Reason. A child is presumed to come to
the use of reason when it has completed its seventh
year. Those who never had the use of reason are
classed as infants (88, 3). If there is a doubt
about their mental condition they may receive Extreme
Unction conditionally when in danger of death (941).

A DICTIONARY OF CANON LAW 227

580. Utensils, Sacred. The sacred utensils, especially
when blessed or consecrated, are to be kept in a safe
and decent place and are not to be used for profane
purposes (1296, 1). Their material and form must
be in harmony with liturgical laws, ecclesiastical tra
ditions and the laws of art (1296, 2). At the death
of a Cardinal residing in Rome his sacred utensils,
with the exception of his ring and pectoral cross, are
to go to the papal treasury (1298, 1). The sacred
utensils of every residential Bishop accrue to the
Cathedral, with the exception of his ring and pectoral
cross, and other utensils that were not acquired by
diocesan funds (1299, 1). The rules for disposing
of the sacred utensils of Bishops also apply to pas
tors (1300). The cathedral church must gratuitously
furnish the sacred utensils to be used by the Bishop
(1303, 1). The power of blessing sacred utensils is
given to : Cardinals, Bishops, local Ordinaries, pastors,
religious superiors, and to persons delegated accord
ing to their delegation (1304). Blessed utensils lose
their blessing or consecration (1) by losing their origi
nal shape, when no longer serviceable; (2) by using
them for unbecoming purposes or exposing them to
sale (1305, 1). Chalices and patens do not lose their
consecration by the loss or renewal of the gold plating
(1305, 2). Chalices and patens, as well as unwashed
purificators, corporals and palls, are not to be handled
by lay persons who have not charge of them. A cleric
must wash soiled purificators, palls and corporals,

228 A DICTIONARY OF CANON LAW

that have been used at Mass, before they are given
to a lay person to be washed (1306).

581. Vacancy. As a rule an office should not remain
vacant longer than six months (155). When filling
the vacancy in a parish, the Ordinary is bound in con
science to appoint the priest he judges best qualified
(459). During the vacancy of a bishopric, no innova
tions are to be made (436). During the vacancy of
a parish the Bishop shall appoint a vicar as soon as
possible to rule the parish during the vacancy (472, 1).

582. Vacation. The Bishop may be absent two or at
most three months in the year (338, 2). The pastor
is allowed two months vacation in a year (265, 2).

583. Vagrants. Persons who have no domicile or quasi-
domicile are called vagrants (14). They are bound
to observe the general law of the Church and the
particular law of the place where they stay (14).
The place of origin of the children of vagrants is
the place in which they were born (90). A pastor
should not assist at the marriage of vagrants without
the Ordinary's permission (1032).

584. Validation of Marriage. (See Marriage Valida
tion. )

585. Validity of Sacraments. All questions pertaining
to the validity of marriage, of sacred Orders, and of

A DICTIONAEY OF CANON LAW 229

other sacraments, may be referred to the Congregation
of the Sacraments (249).

586. Venerable. The title of venerable is given only
to those servants of God who have been found to have
practised virtue in an heroic degree. It does not in
clude permission to venerate them publicly (2115, 2;
2084,2).

587. Viaticum. The faithful are bound to receive the
Viaticum in danger of death, unless they have received
Communion that day (864, 1). Even if they have
received Communion that day 'they are to be urged
to receive the Viaticum (864, 2). The Viaticum
should not be put off too long (865). It may be given
repeatedly (864, 3). It should be received in one's
own rite (886, 3). It may be given even on Good
Friday (867, 2).

588. Vicar Apostolic. If a vicar apostolic is a conse
crated Bishop he may confer not only minor Orders
but also major Orders (957, 2).

589. Vicar General. The Vicar General has ordinary
jurisdiction in the diocese (198, 1; 368, 1). He is
appointed, and may be removed by the Bishop (366,
2) . He should be a secular priest, at least thirty years
old. If the Bishop is a religious the Vicar General
may belong to the same Order (367). He should
refer the more important matters to the Bishop, and

230 A DICTIONARY OF CANON LAW

act in harmony with him (369, 442). He has prece
dence over all the other clergy in the diocese (370).
His jurisdiction may cease by resignation and re
moval, or by the death, resignation or transfer of the
Bishop (371).

590. Violation of Cemetery. The violation of a ceme
tery is to be treated the same way as the violation
of a church (1207). (See Desecration of Church.)

591. Violence. All those who lay violent hands on a
Cardinal, Legate, Patriarch, Archbishop, or Bishop
incur excommunication specially reserved to the Holy
See (1600, 8). All who do violence to clerics or re
ligious incur excommunication reserved to the Or
dinary (1602, 6).

592 Visit ad Limina. The Bishop must make his visit
ad limina in person, or through his Coadjutor, or
for a just reason, approved by the Holy See, through
a priest of his diocese (342).

593. Visitation of Diocese. The Bishop must visit his
entire diocese at least once in five years in person,
or if legitimately excused through his Vicar General,
or another priest (343, 1). He may take any two
priests with him on the visitation. If the Bishop
neglects the visitation the Archbishop has a right to
interfere (343, 2-3). To the visitation are subject

A DICTIONARY OF CANON LAW 231

persons, goods and pious institutions (344). The
visitor should proceed in a paternal manner (345)
and not prolong the visitation unduly. The expenses
of the visitation should be paid according to custom
(346).

594. Visitation of Religious. (See Religious, Visita
tion.)

595. Vocations. Pastors and other priests should pro
mote vocations to the priesthood (1353).

596. Voice, Active and Passive. In societies of re
ligious the members who have only temporary vows
have neither active nor passive voice (578, 3).

597. Voluntary Jurisdiction. Non-judicial or volun
tary jurisdiction may be exercised also outside one's
territory, in one's own favor, and in favor of one who
is no subject (201, 3).

598. Vow. A vow is a free, deliberate promise made to
God to do a possible and better thing as an act of
religion. A proportionate use of reason is required
to make a vow, and grave or unjust fear would render
it invalid (1307). A vow may be public or private,
solemn or simple, personal, real or mixed and reserved
(1308). The private vows reserved to the Holy See
are: (1) the perfect and perpetual vow of chastity,
and (2) the vow to enter religion of solemn vows,

232 A DICTIONARY OF CANON LAW

when made unconditionally by one after completing
the eighteenth year of age (1309). Vows cease: (1)
by the expiration of the time specified, (2) by a sub
stantial change in the object promised, (3) by a
cessation of the condition or the end of the vow, (4)
by annulment, (5) by dispensation, (6) by commu
tation (1311). Vows which are not reserved may be
dispensed from: (1) by the Ordinary over his sub
jects, (2) by a religious superior over his subjects,
(3) by persons delegated by the Holy See (1313).
The good work promised may be changed into an equal
or a better one by the person who made the vow (1314) .
Vows made by one before entering religion remain
suspended as long as the person remains (1315).

599. Vows of Religious. (See Religious, Obligations
of.) Religious must keep their vows faithfully and
entirely (593) even when exclaustrated (639) or dis
missed with perpetual vows (669, 1) or apostates or
fugitives ( 645, 1 ) , but not if they have been secularized
(640, 1). Religious in charge of parishes must keep
their vows as far as consistent with their labors (630,
1), when made Bishops or Cardinals, as far as con
sistent with their dignity (627, 1). Vows are solemn
when recognized as such by the Church, otherwise
they are simple (1308, 2).

600. Week. A period of seven days constitutes a week

(32).

A DICTIONARY OF CANON LAW 233

601. Witness. Clerics are not to act as witnesses in
criminal cases before the secular court, when the crim
inal is to be punished with a grave personal penalty
(139, 1).

602. Womb. The foetus should be baptized in the
mother's womb when there is no hope that the child
will be born alive (746, 5).

603. Women. Clerics must avoid all suspicious deal
ings with women and observe the law concerning
women living in the rectory (133).

604. Worship, Divine. (See Cult.)

605. Writing. Appointment to an office should be made
in writing (159).

606. Year. A year in law is a period of three hundred
and sixty-five days (32, 2).

INDEX

[The numbers refer, not to the pages, but to the marginal figures.]

•Archconfraternity 35

Archives 36

Articles of Devotion 37

Arts 38

Assistants to Pastors ... 39

Associations, Sodalities . . 40

Attempted Crime 41

Marriage 42

Authenticity 43

Authors 44

Auxiliary Bishops ... 45

Abbot 1

Abbot Nullius 2

Abjuration 3

Abortion 4

Abrogation 5

Absence 6

Absolution 7

Abstinence 8

Abuses 9

Accusation 10

Action ( Legal ) 11

(Moral) 12

Acts 13

Administration 14

Administrators 15

Admission to Religion ... 16

Adoption 17

Adultery 18

Advocate 19

Affinity 20

Age 21

Agent 22

Alienation 23

All Souls 24

Alms 25

Altar 26

Anathema 27

Apostate 28

Apostolic See 29

Appeal 30

Application 31

Appointment . . . . 32

Approbation 33

Archbishop 34

Bail 46

Banns 47

Baptism 48

of Adults 49

Beatification 50

Bells 51

Benediction 52

Benefice 53

Bequest 54

Bination 55

Birth-place 56

Bishops 57

Privileges of 58

Rights and Duties of . . 59

Blessings 60

Books 61

Burial 62

Business 63

Camera Apostolica 64

Canonization 65

235

236

INDEX

Canonries 66

Canons 67

Cardinals 68

Cases 69

Cassock 70

Catechetical Instruction . . 71

Catechumens 72

Cathedraticum 73

Cause, Canonical 74

Cautions 75

Celebrant 76

Celebret 77

Celibacy 78

Cemeteries 79

Censor 80

Censures 81

Cessation 82

Chancellor 83

Chaplain 84

Chapter 85

Children 86

Christ 87

Christmas 88

Church Authority 89

Building 90

Citation 91

Clergy 92

Clerics 93

Obligations of 94

Things Forbidden to . . 95

Closed Season 96

Coadjutor Bishop 97

Code 98

Cohabitation 99

Collection of R. Decrees. . 100

Communication 101

Communion 102

Community Life 103

Commutation 104

Compensation 105

Competency . . .• 106

Compromise 107

Concordats 108

Concubinage 109

Concursus no

Condition m

Conferences, Diocesan ... 112

Episcopal 113

Confession, Annual 114

Judicial 115

Sacramental 1 16

Confessional 117

Confessor, Extraordinary. 118

Jurisdiction 119

Minister 120

of Religious 121

Confirmation 122

Confraternities 123

Congregation, Religious . . 124
Congregations, Roman ... 125

Conjugicide 126

Consanguinity 127

Consecration 128

Consent, Matrimonial .... 129
Consent of Consultors ... 130
Constitutions, Religious . . 131
Consultors, Diocesan .... 132

Parish 133

Religious 134

Contracts 135

Contumacy 136

Conversion 137

Convocation 138

Corner-Stone 139

Corporals 140

Corpses of the Faithful.. 141

Corrupters 142

Council, General 143

Plenary 144

Provincial 145

Court 140

Cremation 147

Crime, Impediment 148

Crime of Falsifying 149

INDEX

237

Criminals - 150

Cult 151

Cumulation 152

Curia, Diocesan 153

Roman 154

Custom 155

Danger 156

Dataria Apostolica 157

Day 158

Deacon 159

Dead 160

Dean 161

Deaneries 162

Debility of Mind 163

Debts 164

Deceit 165

Declaration of nullity of

an act 166

of nullity of marriage.. 167

Decrees, Judicial 168

of Councils 169

of Ordinary 170

Roman 171

Dedication of Church .... 172

Defensor Vinculi 173

Degradation 174

Degrees 175

Delegate 176

Papal 177

Delegation for Marriage.. 178

Delinquents 179

Demoniacal Possession . . . 180

Denunciation 181

Departure from Religious

Life 182

Deposition of a Cleric.... 183

Desecration of Churches . . 184

Dimissorial Letters 185

Diocese 186

Dismissal of Benefices.... 187

of Religious 188

Dismissal of Seminarians. 189
Disparity of Worship.... 190
Dispensation from the Law 191
Dispensations from Matri
monial Impediments. 192
Disputations with non-
Catholics 193

Divine Office 194

Worship 195

Division 196

Doctors' Rights 197

Doctrines, Condemned ... 198

Documents 199

Domicile 200

Donations 201

Doubt 202

Dowry 203

Drunkenness 204

Duel .205

Easter Communion 206

Editors 207

Education of Children . . . 208

Election 209

Enclosure 210

Engagement, Marriage ... 211

Epileptics 212

Epitaphs 213

Equity 214

Error 215

about Mat. Consent 216

Eucharist, Blessed 217

Eucharistic Fast 218

Examinations 219

Examiners, Synodal 220

Excardination 221

Excommunication 222

Exemption 223

Exercises of Piety 224

The Spiritual 225

Exorcist 226

238

INDEX

Exposition of the Blessed

Sacrament 227

Extreme Unction 228

Faculties 229

Fast Days 230

Favors 231

Fear 232

Foetus 233

Force 234

Form of Marriage 235

Formula 236

Forty Hours' Devotion . . 237

Forum 238

Foundation 239

Foundations, Pious 240

Foundlings 241

Functions, Parochial .... 242

Funerals 243

Games of Chance 244

Garb, Clerical 245

Goods of the Church 246

of Religious 247

Habit 248

Heretics 249

Heroic Virtue 250

Hierarchy 251

Holy Days 252

See 253

Honesty, Public 254

Hospitals 255

Hosts, Abuse of Conse
crated 256

House, Establishment of

Religious 257

House of Studies 258

Ignorance 259

Illegitimates 260

Illness 261

Images, Sacred 262

Impediments, Matrimonial 263

Impedient 264

Diriment 265

to Religion 266

Impenitence 267

Impotence 268

Imputability 269

Inadvertence 270

Incardination 271

Indulgences 272

Infants 273

Infidels 274

Infirm 275

Injury to Clerics 276

Insane 277

Insignia 278

Institutions, Ecclesiastical 279

Interdict 280

Interpretation 281

Interpreter 282

Interruption of Novitiate. 283

Intervals 284

Irregularities 285

Judge 286

Jurisdiction 287

for Confessions . . 288

Key

289

Laity 290

Lamp, Sanctuary 291

Language 292

Latin Rite 293

Law 294

Legal Persons 295

Legate, Papal 296

Legitimacy 297

Legitimation 298

Lent . 299

INDEX

239

Letters 300

Litanies 301

Liturgy 302

Liturgical Language 303

Loan 304

Loss 305

Mandate 306

Manifestation of Con
science 307

Marriage 308

Consent 309

Contract, Form of 310

Effects of 311

Mixed 312

of Conscience 313

Preparation for 314

Second 315

Time and Place of 316

Validated by Sanatio in

Radice 317

Validation of 318

with non-baptized 319

Mary 320

Masons 321

Mass, Celebration of 322

Hearing of 323

pro Populo 324

Master of Novices 325

Spiritual 326

Medicine 327

Meditation 328

Metropolitan 329

Midwives 330

Military Service 331

Minister 332

Missions 333

Mixed Religion 334

Modernism 335

Monition 336

Monk 337

Month 338

Moral Persons 339

Morals 340

Mortgage 341

Motu Proprio 342

Music 343

Mutes . 344

Name 345

Negligence 346

Non-Catholics 347

Notary 348

Novitiate 349

begins 350

compensation for 351

confessor of 352

disposal of property

during 353

dowry 354

end of 355

essentials 356

house of 357

interruption of 358

investiture, profession . 359

life in 360

master of 361

privileges of 362

retreats in 363

testimonials for 364

Nullity of marriage 365

of religious profession. . 366

Nun 367

Nuptial Blessing 368

Oath 369

Obedience of Clergy 370

Ocean 371

Offences 372

Office, Divine 373

Office, Ecclesiastical 374

Oils, Holy 375

240

INDEX

Oratory 376

Orders 377

Ordinary 378

Ordination 379

qualifications for 380

requisites for 381

Organ 382

Orientals 383

Orphanages 384

Pallium 385

Palls 386

Parents 387

Parishes 388

Pastors, appointments of. 389

consultors 390

jurisdiction of 391

obligations of 392

punishment of 393

religious 394

rights of 395

Patriarch 396

Patronage, right of 397

Pauline Privilege 398

Payment to ex-religious . . 399

Penalties 400

corrective 401

punitive 402

remedial 403

Penance, Sacrament of ... 404

Penitentiary, The Sacred. 405

Pensions 406

Personal Laws 407

Persons 408

Philosophy 409

Places, Sacred 410

Pontiff, Roman 411

Postulants 412

Power 413

Preaching 414

authorization for 415

Lenten Sermons 416

Missions 417

on Sundays 418

Precedence 419

rules of 420

Precepts 421

Prefects Apostolic 422

Prelate Nullius 423

Prescription 424

Priest 425

Primary Unions 426

Primates 427

Privileges 428

of Bishops 429

of Cardinals 430

of Clerics 431

of Religious 432

Processions, Sacred 433

Procurator 434

Profession of Faith 435

Religious 436

Religious, Consequences'

of 437

Prohibition of Books .... 438
Promulgation of Law . . . 439
Propaganda, Sacred Con
gregation of 440

Property 441

Protector, Cardinal 442

Protestants 443

Province, Ecclesiastical . . . 444

Religious 445

Provocation 446

Proxy 447

Puberty 448

Publication 449

of Banns 450

Publishers 451

Pyx 452

Quasi-domicile 453

Quasi-pastors 454

INDEX

241

Rape 455

Reason, Use of 456

Recall 457

Reception of Novices 458

of Sodalists 459

Reconciliation 460

Records 461

Recourse to Holy See.... 462

Rectors of Churches 463

Rectors of Colleges 464

Reduction of Clerics to

lay state 465

Relationship, spiritual . . . 466

Relics 467

Religious and Ecclesiasti
cal Dignities 468

Religious, Confessors of . . 469

debts of 470

foundation of societies

of 471

funerals of 472

Goods, administration of 473
Goods, sale and borrow-

. 474

ing

Last Sacraments to .... 475

Letters of 476

Mendicants 477

Obligations of 478

Privileges of 479

Procurator 480

Pastors 481

Sacred Congregation of. 482

State 483

Superiors 484

Superiors, accounts to

be rendered by 485

Superiors, age of 486

duties of 487

election of 488

term of 489

Suppression of societies
of ... 490

Visitation of 491

Removal of Pastors, rea
sons for . . . . . 492

Renewal of Vows 493

Renunciation of Goods . . . 494
Reports of Bishops 495

of Religious Superiors . . 496

Reprimand, Judicial 497

Rescripts 498

Reservation 499

Residence, Law of 500

Resignation of Office 501

Respect due to Ordinary. . 502

Retreat 503

Revalidation of Marriage. 504

Revenues of Benefice 505

Revocation 506

Rights 507

Ring 508

Rite 509

Roman Curia 510

Rosaries 51 1

Rota 512

Rubrics 513

Sacramentals 514

Sacraments 515

Sacred Congregation of

the 516

Sacrifice of the Mass 517

Saints 518

Salary, Forfeiture of 519

Saloon 520

Sanatio in Radice 521

Schools, Catholic 522

^Scripture, Sacred 523

'Seal of Confession 524

Second Marriages 5j25

Secretariate of Briefs 526

of State 527

Secularization 528

Seminary 529

242

INDEX

Separation 530

Shows 531

Signatura Apostolica 532

Simony 533

Sisters 534

Societies, Condemned 535

Societies of Religious Men

or Women 536

Sodalities 537

Solicitation 538

Sponsors 539

Sterility 540

Stipends 541

Stole-Fees 542

Studies, House of 543

Priestly 544

Subdelegation 545

Suicide 546

Superior, Regular 547

Superiors, Major 548

Minor 549

Superiors of Colleges .... 550
Supplied Jurisdiction .... 551

Suppression 552

Suspension 553

Suspicion of Heresy 554

Synod 555

Tabernacle 556

Taxes 557

Teaching Authority of the

Church 558

Territorial Laws 559

Territory 560

Testimonials 561

Theatres 562

Theologians at Councils . . 563

Third Orders Secular 564

Throne 565

Time 566

Titles, Academic 567

of Churches . . 568

Titles of Ordination 569

Titular Bishops 570

Tonsure 571

Transaction 572

Transition 573

Trials 574

Unbaptized 575

Unction, Extreme 576

Union, Pious 577

University 573

Use of Reason 579

Utensils, Sacred 580

Vacancy 531

Vacation 582

Vagrants 533

Validation of Marriage... 584
Validity of Sacraments... 585

Venerable 586

Viaticum 537

Vicar Apostolic 588

Vicar General 589

Violation of Cemetery 590

Violence 591

Visit ad Limina 592

Visitation of Diocese .... 593

of Religious 594

Vocations 595

Voice, Active and Passive. 596
Voluntary Jurisdiction . . 597

Vow 598

Vows of Religious 599

Week 600

Witness 601

Womb 602

Women 603

Worship, Divine 604

Writing 605

Year

606

Trudel, P.

219

A dictionary of canon law.